• Case: John Doe, Inc. v. Mukasey, 549 F.3d 861 (2008) (Attached)
• Compose a case study on the importance of the Appellate Court’s decision to affirm part of the appeal, but remand another section of the lawsuit.
• Was it the correct decision in your opinion?
• Justify your position.
• Describe the importance of NSLs and whether they are worth the possible cost of violating the first amendment.
Aryanfard, O. (n.d.). National Security. https://www.mtsu.edu/first-amendment/article/1134/national-security.
Click https://www.mtsu.edu/first-amendment/article/1134/national-security
John Doe, Inc. v. Mukasey, 549 F.3d 861 (2d Cir. 2008 ). American Association Of University Professors (AAUP). (n.d.). https://www.aaup.org/brief/john-doe-inc-v-mukasey-549-f3d-861-2d-cir-2008.
Click https://www.aaup.org/brief/john-doe-inc-v-mukasey-549-f3d-861-2d-cir-2008
Sample solution
Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell.
In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.
God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.
Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.
To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.
References
Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.
Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.
Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.
Sample Answer
Sample Answer
The Importance of the Appellate Court’s Decision in John Doe, Inc. v. Mukasey
Introduction
In the case of John Doe, Inc. v. Mukasey, the Appellate Court made a significant decision by affirming part of the appeal while remanding another section of the lawsuit. This decision holds great importance as it strikes a balance between national security concerns and the protection of First Amendment rights. In this case study, we will explore the significance of the Appellate Court’s decision, analyze whether it was the correct decision, and discuss the importance of National Security Letters (NSLs) and their potential impact on the First Amendment.
The Appellate Court’s Decision
The Appellate Court in John Doe, Inc. v. Mukasey affirmed part of the appeal, which allowed the government to utilize NSLs to obtain certain information without violating the First Amendment. However, they also remanded another section of the lawsuit, emphasizing the need for further review and clarification. This decision is crucial as it provides a nuanced approach to balancing national security interests with constitutional protections.
Correctness of the Decision
In my opinion, the Appellate Court’s decision in John Doe, Inc. v. Mukasey was the correct one. It recognized the importance of national security in protecting citizens and maintaining public safety while also acknowledging the fundamental rights guaranteed by the First Amendment. The decision offered a middle ground that allowed for limited intrusion into personal privacy while ensuring adequate safeguards were in place to prevent abuse.
Justification of Position
The justification for considering the decision correct lies in its recognition of the delicate balance necessary in cases involving national security and individual rights. The court acknowledged that NSLs can serve as an essential tool for gathering intelligence and preventing potential threats. However, it also recognized the potential for abuse and violation of First Amendment rights if these letters were used without proper oversight or restrictions.
By affirming part of the appeal, the court ensured that NSLs could be utilized under specific circumstances where national security was at stake. Simultaneously, by remanding another section of the lawsuit, the court indicated its commitment to further scrutinizing the government’s actions and establishing clear guidelines to prevent any potential overreach or infringement on constitutional rights.
The Importance of NSLs and their Impact on the First Amendment
NSLs are an indispensable tool for law enforcement and intelligence agencies to gather information relevant to national security investigations. They allow these agencies to compel entities such as Internet Service Providers (ISPs), financial institutions, and other organizations to disclose certain customer records without obtaining a warrant.
The importance of NSLs lies in their ability to provide timely access to crucial information that can aid in preventing terrorist attacks or other national security threats. However, their use raises concerns about potential violations of the First Amendment, particularly regarding freedom of speech, association, and privacy.
While NSLs can be a powerful tool, it is essential to carefully balance their use with protections offered by the First Amendment. The Appellate Court’s decision in John Doe, Inc. v. Mukasey recognized this need for balance by affirming part of the appeal while remanding another section. This ensures that NSLs can be used to protect national security interests while preventing excessive intrusion into individual rights.
Conclusion
The Appellate Court’s decision in John Doe, Inc. v. Mukasey is of significant importance due to its careful consideration of both national security concerns and First Amendment protections. By affirming part of the appeal and remanding another section, the court struck a balance between these two crucial aspects. It recognized the importance of NSLs as a tool for protecting national security while ensuring that appropriate safeguards are in place to prevent potential abuses and violations of constitutional rights.
National Security Letters are undoubtedly important for maintaining public safety, but their use must be carefully regulated to avoid infringing on the First Amendment. The decision in this case serves as a reminder that even in matters of national security, it is essential to preserve the fundamental rights that form the bedrock of our democracy.
