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How media shape public perceptions
Media influence on the public
Should welfare recipients be drug tested
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A current topic that is trending in society is the debate against drug testing welfare recipients. While I completely agree that welfare recipients should undergo a drug screening to receive benefits, various articles I have stumbled upon use “privacy rights” and “invasion of privacy” as a fallacy to strengthen their claim. While these articles are valid and credible (and really persuasive), there are a few weak points to the argument that must be pointed out.
Take for example the first source, “Florida Law on Drug Testing for Welfare is Struck Down” (2013). The article is based around Judge Mary S. Scriven ruling that “no circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied”. As a rebuttal, I would like to point out the obvious argument: mandatory drug testing for employment. It may be a private institute but whatever aspect you look at it with, it’s still an invasion of privacy. The government cannot invade ones privacy, but a private institute has every right to? The source itself states several rulings shot down the requirement as a law because it was in violation to the fourth amendment: illegal searching.
Evaluating this source, I discovered it was a valid resource; however, it is a newspaper article and the media has a tendency of presenting facts with fallacies to entertain and persuade readers in a particular direction, usually the direction of the majority. For example, the article states that ten states have tried passing laws requiring drug testing for welfare and only two of these bills were passed. Then, the article title “Florida Law on Drug Testing for Welfare Is Struck Down” strengthens the article. Persuasion is a powerful tool. While the ...
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...dible. The search for information that was not misleading and factual was near to none. The sources I did locate were valid and reliable information; however, they were not credible because the fallacies and approach turned factual information into a misleading opinion.
Works Cited
American Civil Liberties Union (n.d.). Drug Testing Welfare Recipients, retrieved from https://www.aclu.org/blog/tag/drug-testing-welfare-recipients
Sherman, A. (December 31, 2013). Tampa Bay Times. Court Strikes Down Drug Test For TANF, retrieved from http://www.politifact.com/florida/promises/scott-o-meter/promise/600/require-drug-screening-for-welfare-recipients/
Robles, F. (December 31, 2013). New York Times. Flordia Law on Drug Tests for Welfare is Struck Down, retrieved from http://www.nytimes.com/2014/01/01/us/florida-law-on-drug-testing-for-welfare-is-struck-down.html?_r=1
Justice Harlan’s reasonable expectations test in Katz vs. United States (1967) considers whether a person has an “actual (subjective) expectation of privacy” and if so, whether such expectation is one that “society is prepared to recognize as ‘reasonable.’” (Solove and Schwartz 99) If there is no expectation of privacy, there is no search and no seizure (reasonable, or not), and hence no Fourth Amendment issue. Likewise, we must first ascertain whether a search took place. A few questions from a police officer, a frisk, or the taking of blood samples do not constitute a search. (Solove and Schwartz 83; 86) Likewise, the plain view doctrine establishes that objects knowingly exhibited in a public area, in plain view for police to see, do not
In the case of U.S. v Jones, the judicial branch had to address the questionable topic of whether or not the Fourth Amendment was violated (). Since this case was not black and white and did bring up many questions as to what was constitutional, the judges had to use judicial review. Judicial review is the power that allows judges to interpret the meaning of laws (Class, March 13). Once a law is understood a certain way, the people must follow it (Class, __). The U.S. v Jones case deals with the Bill of Rights (United, 1). This is due to the circumstance that the Fourth Amendment is included in the Bill of Rights document stating that “searches and seizures” cannot be done without a warrant (Class,___). The case of U.S. v Jones was about the violation of Jones’s Fourth Amendment when a GPS device was placed on his jeep without his consent because he was suspected of drug possession (United, 1). Since judges have the power to informally amend the Constitution using judicial review (Class, ___), they must take into consideration many contributing elements when making a decision.
The Supreme Court had to decide on the question of, does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment? According to the Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Two sources that prove that drug testing in the U.S is unfair and unjust are Nickel and
The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v. Greenwood (1988) which deal directly with the question of whether a person can have reasonable expectations of privacy as provided for in the fourth amendment with regards to objects in an open field or in plain view.
"States Consider Drug Testing for Welfare Recipients." FoxNews.com - Breaking News | Latest News | Current News. 26 March 2009. Web. 31 January 2011
There is an ongoing debate over whether or not Welfare recipients should be drug tested to receive the benefits. The lines of reasoning from both sides of this argument have unambiguous points. Those who oppose the idea of drug testing say that it is unconstitutional, and violates the Fourth Amendment. Furthermore, they claim that this law stereotypes and discriminates against the poor
There is an ongoing debate over whether or not welfare recipients should be drug tested to receive the benefits. Both sides of the argument have merit. Those who oppose the idea of drug testing say that it is unconstitutional and violates the Fourth Amendment. Furthermore, they claim that this law stereotypes and discriminates against those from low socioeconomic demographics, implying that because they are poor, they must be drug addicts. However, those who support the law note that its intended purpose is to ensure that taxpayer money is not being squandered on people who only plan to abuse this assistance. Only nine states so far have instituted drug testing of candidates for welfare assistance. This drug testing has proven to be prohibitively expensive in many cases. Consequently, some states only test subjects with whom they find suspicion, or who have admitted to past drug use. Though proposed drug testing of welfare applicants initially appears to be a good idea to eliminate potential abusers of the system from receiving assistance, it appears that even more money may be wasted on the testing process, which negates the savings that are the primary objective of the law.
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. A warrant, a legal paper authorizing a search, cannot be issued unless there is a reasonable cause. Courts have rules that a warrant is not required in every case. In emergencies such as hot pursuit, public safety, danger of loss of evidence, and permission of the suspect, police officers do not need a warrant to search a person’s property (Background Essay). In the case of DLK, federal agents believed DLK was growing marijuana in his home. Artificial heat intensive lights are used to grow the marijuana indoors (Doc B). Agents scanned DLK’s home with a thermal imager. Based on the scan and other information, a judge issued
Jenn, C. (2010). What Are The Pros and Cons of Our Right to Privacy? 1-2.
The word “privacy” did not grow up with us throughout history, as it was already a cultural concept by our founding fathers. This term was later solidified in the nineteenth century, when the term “privacy” became a legal lexicon as Louis Brandeis (1890), former Supreme Court justice, wrote in a law review article, that, “privacy was the right to be let alone.” As previously mentioned in the introduction, the Supreme Court is the final authority on all issues between Privacy and Security. We started with the concept of our fore fathers that privacy was an agreed upon concept that became written into our legal vernacular. It is being proven that government access to individual information can intimidate the privacy that is at the very center of the association between the government and the population. The moral in...
Are assertions in the source based on reliable evidence? Are sources cited? How are you able to tell? They do list where they get their info from within the paragraphs or quotes.
Privacy is a right granted to all American citizens in the Fourth Amendment which states “people have the right to be secure in their persons, houses, papers, and lives against unreasonable search and seizures”. Although our founding fathers could have never predicted the technological advancements we have achieved today, it would be logical to assume that a person's internet and phone data would be considered their effects. This would then make actions such as secretive government surveillance illegal because the surveillance is done so without probable cause and would be considered unreasonable search or seizure. Therefore, access to a citizen’s private information should only be provided using probable cause with the knowledge and consent of those who are being investigated.
In the 1980’s legal tension involving police searches was a direct result of the war on drugs campaign. Officers were encouraged to stop and seize or search suspicious vehicles to put a halt on drug trafficking (Harns, 1998). But placing this aggressive approach into effect had many negative outcomes. One problem was that it put police on a thin line with the constitutional laws. To no surprise, pretty much no data estimating how often police searches fall outside constitutional laws exist. Only cases that catch the courts attention are logged into the record books. A case study held in “Middleberg” on suspect searches reports that 70 of the 86 searches didn’t result in arrest; citations weren’t presented nor were any charges filed. Just about all of the unconstitutional searches, 31 out of 34, weren’t reported to the courts, nor were they intended to be reported.
Americans’ personal privacy is being to be ruined by the rise of four different types of surveillance system. The four are: federal government agencies; state and local law enforcement entities; telecoms, web sites and Internet “apps” companies; and private data aggregators .The right to privacy is not derived from any source; however the Declaration of Human Rights states that "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor attacks upon his honor or reputation"(Stone 348). The right to protection is also secured by the Privacy Act of 1974 and found through the in the first, fourth and fifth amendments of the United States Constitution.