Ethnic discrimination in education by the State I found a petition on the potential ethnic discrimination/division of children by the national Ministry of Education. The case describes a possible ethnic discrimination by the Ministry of Education in Moldova, where all the Moldovan children are &quot;forced&quot; by the Ministry to study the History of &quot;Romanians&quot;, regardless the ethnicity of children (moldovan, jews, russian, ukranian, romanian, gagauz, etc): all should learn the history of the &quot;romanians&quot;. Wondering if there are such analogical legal cases in the Europe or in the World where the State was attacked based on the discrimination in the school object name.
There are many analogous cases throughout the world, but like the petition you cite, they are not legal, they are political, e.g. the Kautokeino rebellion, the Basque conflict, Turkish-only laws in Turkey, Bantu minorities in Somalia, Jim Crow laws in the US. A legal case would be when parties file a lawsuit in some higher court, to force a government to cease a policy of ethnically-based discrimination. There were a number of cases arising in the US, which centered around the policy of &quot;separate but equal&quot; which was found unconstitutional in Brown v. Board of Education. On the political front, there has been a long standing debate over curricular matters, where not everybody's culture is given equal treatment in public school curricula. In order to successfully sue over the practice, there has to be an underlying legal basis, for example a law mandating that such-and-such be taught in the schools. Washington state law mandates teaching US history, and does not mandate teaching Chinese history, so a lawsuit over not teaching US history would succeed and one over not teaching Chinese history would fail. The courts would find that it is up to the legislature, or the local school board, to establish the rules regarding what is to be taught. It may be that there are cases where a school district is sued because they aren't following the rules set by higher authorities. It is an absolute fact that schools do not teach the history and culture of all of the students in their classes.
Yes, such as this limitation on free speech. Initially, the limitation was "Clear and Present Danger" test (Schenk v. United States, 1919) which held that speech inciting lawless action was not protected speech and thus could be crimilized speech (i.e. Schenk publishing anti-draft fliers during World War I, which advocated draft dodging which at the time was a crime under the Espionage act of 1917). This was later over ruled to the "Bad Tendency" test which allowed for advocacy of criminal actions to be criminilized (Whitney v. United States, 1927. Whitney was accused of helping establish the American Communist Labor Party (ACLP), which held as a party platform the violent overthrow of the U.S. Government in favor of one advocated by the ACLP. This is standard to most Communist Parties at the time around the world. The difference between Schenk and Whitney was that Schenk actively called for a criminal action, where as Schenk was speaking of a future action following other party successes). This was overturned again by Brandenberg v. Ohio (1969) which introduced the "Imminent Lawless Action" test. This explicitly overturned Whitney in addition to other cases not mentioned such as Abrams v. United States (1915), Giltrow v. New York (1925), and Dennis v. United States (1951). It does not overrule Schenk, but it did cast doubt upon the decision made. In the case, KKK leader Brandenburg made a speech advocating for revenge against African Americans and Jews as well as expressing the belief that the United States government actively surpressed White Americans and needed to be opposed. He was charged as advocating the violent overthrow of the government. Imminent Lawless Action added the important componant that the violation must be advocacy of lawless action (revenge against racial minorities) must have a definite future date (like "tonight", "tomorrow", or specific time and date) and a vague future time will not count. And must show intent to break the law (Brandenburg did not specifically intend to break the law... he wanted it changed so it would not be legal before he took action). Additionaly, they found that the mere advocacy of resisting the government did not have any language componant that suggested violent resistance. Brandenburg, as discussed, overturned the reaffirmed B and put Schenk on some shaky ground as parts of Shenk were still relevant (Schenk first introduced that Free Speech was not without restrictions, but some of the case law was not relevent anymore, as Whitney used it as a basis in that decision, as did to a limited extent Dennis, which didn't work well with Whitney for other reasons. It should be pointed out that the Supreme Court does not typically take cases that wholly reaffirm past cases. Typically, their rulings are to clarify situations in a previous case that are not stated by the current extant rulings. For example, if the Supreme Court took a case that called Roe v. Wade into question, the case would more likely test whether Roe allows for a particular practice that isn't all that clear in Roe. It may affirm that Roe is still law, but the new case is not consistent with Roe, which will place a restriction on Roe, but not, figuratively, (pardon the pun) throw the baby out with the bath water.
At the time of annexation of country X someone would have to decide the status of the countries citizens: If all citizens of X are now citizens of the USA, and whether they are legally citizens from the date of annexation or since they were citizens of X, and if they are considered residents in the USA since the day they became residents of X, and if they are retrospectively "born in the USA" if they were born in X. And other things, like whether non-citizen legal residents of X are now non-citizen legal residents of the USA. That has to be decided for many reasons, and the answer to your question follows naturally from this. Maybe you could check on a history site if anyone knows how this worked with Hawaii.
You could almost define a country as, "an entity that can defend itself against invasions." Non-sovereign entities are indeed generally prohibited from deploying lethal autonomous defense systems like booby-traps. But governments and state-like actors, as a matter of practice, choose their own rules. laws-of-war and international-law are not like "regular" law: When it comes down to it, states only follow international conventions and treaties to the extent that they consider it to be in their own interest to do so. If you start mining your property, you will probably be forced to stop by local law enforcement. If a warlord starts mining his borders, he's going to get away with it until someone with more power convinces or forces him to stop. Was it "illegal" for Turkey to shoot down a Russian military aircraft? One could cite all sorts of laws and conventions to answer that question. But in practice the consequences of that act are limited to whatever Turkey allows, or to what Russia and its allies can impose on Turkey.
Yes. This is infringement. This infringement might be excused by a &quot;fair use&quot; defense but it probably isn't. At a very small scale tailor to a very specific educational program, for example, for just members of a thirty person English class that they are currently taking, it might qualify as educational fair use. But I get the impression that the contemplated translation project is far more ambitious than that. The underlying content of the events reported in the news are not protected by copyright, but the language used to report those events and any translations of that language, is protected. The only reliable way to solve it is to get permission to do so from the holder of the copyright of the source of the new reports you are translating.
tl;dr My assumption: the U.S. government is considering whether to accept refugees and immigrants (given your Syria comment). The background section talks about State attempts to restrict entry. The answer is nuanced since there are different standards for an entrance decision than there are for someone who is already in the U.S. This is because foreign nationals in their home nations aren't "persons within the jurisdiction of the United States," and so laws like the Civil Rights Act only apply in spirit. What does that mean? We wouldn't expect to see the federal government discriminate based on religion, but we might expect to see decisions made about groups that incidentally share an common religion. This is because the federal government has wide latitude when it comes to alienage---which is just a formal name for policies related to non-citizens. While religion is afforded a high degree of protection, the federal government's alienage policies are governed by the lowest level of judicial scrutiny. This implies a practical challenge: things like religion and national origin can be very difficult to disentangle from questions that pertain to the alienage category. For example, a policy might restrict some group's entry "because of" a particular alienage reason and "in spite of" the fact that most of the affected people happen to share a common religion. Background The Equal Protection Clause U.S. Const. Am. XIV § 1 prohibits States from denying any person within its jurisdiction "equal protection of the laws." The Clause is often applied to the federal government as well, via the Due Process Clause U.S. Const. Am. V. See, e.g. Bolling v. Sharpe, 347 U.S. 497 (1954). In relation to the clause, laws are reviewed for their constitutionality using either strict, intermediate, or rational basis scrutiny. Strict scrutiny would mean that in order to distinguish based on a particular trait, the government has to have a compelling, narrowly tailored interest, and no less restrictive alternative available. Rational basis just means the government's interest is subject to a lower level of scrutiny (e.g. benefits exceed costs, or don't let in felons). Things like, race, religion, national origin, and some forms of alienage are suspect classes that merit strict scrutiny. This bit about alienage is important. As we'd expect from the above, when States enact alienage statutes, they're subject to strict scrutiny, and when those statues cross the line, the courts have found that State attempts to restrict resident or non-resident aliens encroach upon the federal government's exclusive control over entrance of aliens. Graham v. Department of Pub. Welfare, 403 U.S. 365 (1971). In other words, the federal government, not the States, decides whether various "aliens" are admitted. Note: State scrutiny levels when dealing with undocumented immigrants may be context specific. See, e.g. Plyler v. Doe, 457 U.S. 202 (1982) (children and education). The federal government's authority over immigration is further solidified by the Supremacy Clause of the U.S. Const. Article VI. See Mathews v. Diaz, 426 U.S. 67 (1967). As such, the courts have applied rational basis scrutiny to the federal government's immigration policy. One reason alienage is interesting is that it tends to encompass things like national origin and religion. This doesn't imply the federal government makes its decisions on the basis of religion. In fact, it'd be hard to make an argument that they do. However, since the categories can be so closely entwined, many scholars have argued for a change in standard. Edit In hindsight, this topic seems quite forward looking. A couple weeks after the OP's question a U.S. presidential candidate (Donald Trump) came out in favor of a ban on entry into the U.S. by Muslims. That led to a flurry of activity, and to this insightful blog post by Professor E. Posner.
What a country claims to be the case certainly doesn't guarantee what is the case. The constitution (at least as of 2012) of the Democratic People's Republic of Korea (aka North Korea) says: Article 67. Citizens are guaranteed freedom of speech, the press, assembly, demonstration and association. The State shall guarantee the conditions for the free activities of democratic political parties and social organizations. Needless to say, North Korea is not generally considered a bastion of free speech. The People's Republic of China has a similar provision in its constitution. When we get to countries where those outside the country consider there to be some level of freedom of speech, there are still restrictions. In the UK, the Official Secrets Act makes it a crime for any person to republish leaked classified information. Germany makes it illegal to deny that the Holocaust happened. Until 2013, Canada made it illegal for a person to use telecommunications to say something that would expose people to hatred for some reason covered by antidiscrimination law. Many, many countries criminalize child pornography. Many, many countries have copyright laws. "Free speech" does not mean "you can say whatever you want and the government can't stop you." It means "as a general rule, the government can't restrict what you're saying because they don't like it." I am unaware of any country with a functional government with unfettered freedom of speech.
If the DA decides to press charges (we don't know) and if he is convicted (looks like a solid case), the problems are not just the sentence itself. There might be a probation period with conditions like drug tests and counseling, with penalties if he misses them. It is legal to discriminate against people based on prior convictions. While California has some restrictions on when employers may ask, they can make it one part of their assessment.