>>>
Q. ORDER AND PRESENT TENSE CLAUSE OF SUPERVISION CONTRACT IS OVERBOARD
The constitutional command of free speech and assembly requires that laws
and regulations governing them be drawn so as to give citizens fair warning
as to what is illegal, that regulation involving freedom of speech and
assembly bot be so broad in scope as to stifle First Amendment freedoms,
that appropriate limitations be placed on the discretion of public officials
where speech and assembly are intertwined and regulated conduct, and that
all such laws and regulations be applied with an equal hand.
Cox v. Louisiana, 379 US 559, 85 S Ct 487
-----------------------------------------
A governmental purpose to control or prevent activities constitutionally
subject to state regulation may not be achieved by means which sweep
unnecessarily broadly and thereby invade the area of constitutionally
protected freedoms.
Zwickler v Koota, 389 US 241 88 S Ct 391, 10 L.Ed 2d 44; National
-----------------------------------------------------------------
Association for the Advancement of Colored People v. Alabama ex rel.
--------------------------------------------------------------------
Flowers, 377 US 288, 84 S Ct 1302, 12 L.Ed 2d 325; Aptheker v. Secretary
------------------------------------------------------------------------
of State, 378 US 500, 84 S Ct 1658
----------------------------------
Statutes attempting to restrict or burden the exercise of First Amendment
rights must be narrowly drawn and represent a considered legislative
judgement that a particular mode of expression has to give way to other
compelling needs of society.
Broadrick v. Oklahoma, 413 US 601, 93 S Ct 2908
-----------------------------------------------
R. MONITORING OF ALL SPEECH VIOLATES PRIVACY GUARANTEES OF 14TH AMENDMENT
If intrusion by state into realm of family privacy is great, then state
is required to make even greater showing that regulation facilitates
compelling state interest, and that, by comparison, state's interest is
more important.
In re Agosto, D.C. Nev, 1983, 553 F.Supp. 1298
----------------------------------------------
State action which may have the effect of curtailing the freedom of
associate which is protected by the due process clause of the Fourteenth
Amendment is subject to closest scrutiny.
National Association for Advancement of colored People v. Alabama ex rel.
-------------------------------------------------------------------------
Patterson, 357 US 449, 78 S Ct 1163, 2 L.Ed 2d 1488
---------------------------------------------------
Freedom of personal choice in matters of family life is one of the
liberties protected by the due process clause of the Fourteenth amendment;
there does exist a private realm of family life which the state cannot
enter.
Smith v. Organization of foster Families for Equality & Reform, 431 US 816,
---------------------------------------------------------------------------
97 S Ct 2094, 53 L.Ed 2d 14
---------------------------
The right to be free, except in very limited circumstances, from unwanted
governmental intrusions into one's privacy, is a fundamental right.
Stanley v. Georgia, 394 US 557, 89 S Ct 1243
--------------------------------------------
The liberty guaranteed by the Fourteenth Amendment to the Federal
Constitution denotes not merely freedom from bodily restraint, but also
the right of the individual to contract, to engage in any of the common
occupations of life, to acquire knowledge, to marry, establish a home and
bring up children, to worship God according to the dictates of his own
conscience, and generally to enjoy those privileges long recognized at
common law as essential to the orderly pursuit of happiness by free men.
Meyer v. Nebraska, 262 US 390, 43 S Ct 625, 29 ALR 1446, 67 L.Ed 1042
---------------------------------------------------------------------
Although the Constitution does not explicitly mention any right of
privacy, one aspect of the "liberty" protected by the due process clause
of the Fourteenth Amendment is a right of personal privacy, or a guarantee
of certain areas or zones of privacy; this right of personal privacy
includes the interest in independence in making certain kinds of decisions,
and among the decisions that an individual may make without unjustified
government interference are personal decisions relating to marriage,
procreation, contraception, family relationships, and child rearing and
education.
Cary v. Population Services International, 431 US 678, 97 S Ct 2010,
--------------------------------------------------------------------
52 L.Ed 2d 675
--------------
S. ORDER VIOLATES RIGHTS OF CHILDREN AS WELL AS NON-CUSTODIAL FATHER.
The mere fact that a person is a minor does not exempt him from the
protections of this clause.
Population Services Intern Wilson, D.C.N.Y. 1974, 383 F. Supp. 543
------------------------------------------------------------------
Neither the Fourteenth Amendment nor the Bill of Rights is for adults
alone.
Re. Gault, 387 US 1, 87 S Ct 1428, 18 L.Ed 2d 527
-------------------------------------------------
>>>
___ Blue Wave/QWK v2.12
--- Renegade v10-05 Exp
---------------
* Origin: Camphor Fountain*(510)439-0712*Pittsburg,CA (1:161/19)
|