Stanley , F. Al Nasser , F. The court of appeals reviews for clear error where:. Bessemer City , U. See R. Annette J. Clark County Sch. See Oswalt v. Resolute Indus. Entertainment Distributing , F. Norton , F. Under the abuse of discretion standard, a reviewing court cannot reverse absent a definite and firm conviction that the district court committed a clear error of judgment in the conclusion it reached upon a weighing of relevant factors. See McCollough v. Schwarzenegger , F. Coldicutt , F.
The abuse of discretion standard requires an appellate court to uphold a district court determination that falls within a broad range of permissible conclusions. See Kode v. Carlson , F. City of Long Beach , F. A district court abuses its discretion when:. See Jeff D. Otter , f. See Chang v. California , F. See Koon v. United States , U. Martin , F. Thus, the court abuses its discretion by erroneously interpreting a law, United States v.
See also Fox v. Vice , S. See Oregon Natural Res. Council v. Marsh , 52 F. Bureau of Land Mgmt. Project v. Forest Serv. See Envtl. EPA , F. The court may reverse only when the agency has relied on impermissible factors, failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence or is so implausible it could not be ascribed to a difference in view or to agency expertise.
Leavitt , F. Thoma s, F. See Biodiversity Legal Found. Badgley , F. See East Bay Automotive Council v. NLRB , F. See Northern Plains Res. Fidelity Exploration and Dev. United States v. Trident Seafoods Corp. Humana, Inc. Able Time, Inc. Federal Subsistence Board , F. See Resources Invs. See Orthopaedic Hosp. Belshe , F. Douglas Country School District , F. While Harman realized that there would be diversity of opinion on republishing the articles, his purpose in so doing was:.
Markland's letter which appeared in Lucifer on June 18, In the letter, Markland asked several questions concerning "legal rape. Markland asked whether the law protected the woman in marriage and whether the action constituted legal rape. The second indictment article had been copied from the Kansas Democrat. It told of a year-old woman who had been led to insanity by the sexual abuses of her husband. A letter, sent to Lucifer 's editors on June 3, , formed another basis for indictment.
Written by Celia B. Whitehead and directed toward Elmina D. Slenker's previous comments in Lucifer on the universal need for contraceptives, the letter stated that nature designed women as free mothers and they must learn that they were made for men. The fourth article appeared in Lucifer on July 33, , and told of a Millerite couple preparing for the day of judgment.
On the evening prior to the supposed judgment day, the couple proceeded to engage in a soul-searching dialogue concerning their married life. In revealing her domestic secrets, the wife confessed that each of their four children had a different father. After the initial shock, the husband cried out, "Gabriel blow your horn! I want to go now! Richard V. O'Neil of New York City. The article, entitled "A Physician's Testimony," dealt with cases the physician had observed involving sexual abuse and unnatural sexual behavior.
Harman was released from custody when Noah Harman posted the necessary bond. Ten Valley Falls citizens, serving as witnesses for the state, testified to receiving the issues of Lucifer which contained the indictment articles. All who testified swore to the honesty and purity of Moses Harman's personal life. Many of the witnesses indicated that Harman was a crank on the sex issue but none implied that he was insane.
Later, he took all the blame for mailing the papers in question but maintained that the articles were not obscene. Harman claimed that by publishing the Markland letter he had hoped to vindicate the right of free discussion and publication and to vindicate the woman's right to self-ownership.
On being cross-examined by United States Attorney J. Ady, Harman told the court that the advantages outweighed the disadvantages in his decision to publish the articles. He continued by stating: Knowing that it would be objectionable to many people I published it notwithstanding, because I found that people are not very careful about offending me.
I see no reason why a matter of that sort should not go into the family and be read by women and children. There is nothing referred to except a free given allusion to human conduct and different members of human anatomy. I do not deem any of these obscene.
All the words that are in the article are in Webster's dictionary. According to a letter attached to the note requesting a new trial, three jury members admitted to Judge Foster that the verdict was a result of compromise. They stated that three of the jurors believed Harman insane and that:.
It was agreed in the jury room that if the jurors who believed him insane would concur with the others in finding him guilty on four counts that all the jurors would recommend him to the clemency and mercy of the Court.
The Topeka Journal reported the sentencing of Harman which occurred on April 30, After being coaxed into standing before the court by his attorney, Harman was given 10 minutes to explain his position.
He indicated that he was a martyr for opinion's sake and that his cause was that of emancipating women from certain social evils. Judge Foster responded by telling Harman that the effect of his teachings were bad and that his attitude throughout the trial had been defiant.
According to the Journal, Foster concluded his remarks by stating: "He had seen circus performers stick their heads into lions' mouths, but he had never seen them have the temerity to twist the beast's tail or kick them in the ribs while performing the risky act.
On the basis of a writ of error, a new trial was to be ordered for Harman. After Harman waived a jury trial, Judge John D. Philips, district judge for the Western district of Missouri, rendered an elaborate opinion in the case.
It is not an unbridled license. Where vituperation or licentiousness begins, the liberty of the press ends. He maintained that the federal government ought not to take on the role of censor but nevertheless concluded that congress, through passage of the postal laws, had regard for the common consensus of the people and held the right to deny the mailing of material of Lucifer 's type. He went on to state that "the freedom of the press means the freedom of the persons who conduct or represent the press.
If a publisher must forever run the gauntlet of a secret and irresponsible postal censorship, then we have an end to the freedom of the press. Letters from the editors of the Boston Liberty, Chicago Open Court, and the Toronto Secular Thought generally deplored Harman's philosophy on sexual freedom, but they were sympathetic toward him because they believed he was making an attempt to publish the truth.
Caldwell ordered Moses Harman to be imprisoned in the Kansas state penitentiary for one year. The commitment was based on Judge Philips' one-year sentence handed down in January, Harman received word of his impending imprisonment on June 21, , and was taken to Lansing shortly thereafter. The basis of his release was a ruling on a technicality of his sentence.
Perry's motion to resentence Harman on the verdict returned and filed on April 18, ,  Judge John Philips went on to review previous court cases in an effort to decide on Harman's case. Philips maintained that the district court would resume jurisdiction of the case at the point where the original error supervened, which was after the verdict. In rendering the decision, Judge Philips stated: Out of regard for the infirmity of the defendant, and with the hope that he may not persist in opposing his individual opinion as to what the law ought to be against what the Courts declare it to be, and thereby invite further trouble, I shall modify the measure of punishment the trial court sought to mete out to the defendant by directing sentence to be entered that he be imprisoned, at hard labor, in the Penitentiary of the State of Kansas for one year and one day from this date.
With his return to Topeka, a party was held at the Lincoln Post hall where many speeches were delivered and letters read which welcomed him back. Walker, writing in Lucifer , attempted to bolster the position of his former partner by stating: Moses Harman has suffered as a victim of those who fear to hear all sides of all questions. He represents the principle of freedom of speech and press.
That question must be maintained or all progress ceases. We must stick to the main issue, it is not true that the Editor of Lucifer stands before the world as a representative of any particular school of sexual reformers; he represents whoever desires to speak his convictions, no matter how divergent those convictions may be from Moses Harman's or yours or mine.
Nine years later, he was again arrested and charged with sending obscene materials through the mails. After being given a sentence of one year in prison at hard labor by the district court, Harman appealed his case to the circuit court of appeals where his previous sentence was upheld on January 9, He died of angina pectoris on January 30, , having spent the previous day working on the details of mailing the latest issue of the American Journal of Eugenics.
Adah Patterson. According to an observer, Dr. Patterson concluded the funeral ceremony with the following remarks: "He was a most determined man, and had he been less so, the world would be the loser. In coming years the people will hold anniversary meetings for Moses Harman, the same as they now do for Thomas Paine. Besides relating the highlights of Harman's career and imprisonment, the issue included several testimonials to Harman's memory.
One of them, a letter addressed to Lillian Harman by George Bernard Shaw, said: It seems nothing short of a miracle that your father should have succeeded living for seventy-nine years in a country so extremely dangerous for men who have both enlightened opinions and the courage of them as the United States of America.
He is presently teaching history in the high school at Rush City, Minn. Harman's date of birth was in question. His son, George, writing his father's obituary in , gave his birth date as October 12, Census, , Crawford county, Missouri. The Farmer's Vindicator , February 11, At age 12, Harman sustained a knee injury which left an open sore for 40 years thereafter. Lucifer , June 8, Census, , inhabitants in Delaware township, Jefferson country. Valley Falls Liberal , November, , and January, The platform of the Liberal League was: "Perfect freedom of thought and action for every individual so far and so long as he does not infringe the rights of others.
The Kansas Liberal , September 1, Lucifer , August 24, The year was represented as E. To avoid confusion, the accepted A.
Walker served as coeditor of Lucifer until he resigned in to become the editor of Fair Play, a free-thought paper in Valley Falls. Lucifer , April 24, Clarence Swartz was the former editor of the Voice of the People, Kingman, while Lois Waisbrooker was one of the chief contributors to the columns of Lucifer. Slenker and Waisbrooker took opposite views on the questions pertaining to sex.
They would defend non-universal values because they would understand that there is no one truth only moral system, only moral systems that severe or do not serve the human…. In this theory, the law is validated, not by morality, but by the shifting demands of the society. Hart then has no issue in confronting Aquinas. At the same time, his arguing against Aquinas is questionable at best. He essentially asserts that the belief that an unjust law is not a law is an exaggeration so extreme, it cannot be upheld as rational.
Hart recognizes that morality and law share qualities, as in duties and obligations, but he holds that Aquinas confuses the two to an unreasonable extent. Essays Essays FlashCards. Browse Essays. Sign in. Essay Sample Check Writing Quality. Show More. Read More. Words: - Pages: 5. Hart-Fuller Debate Analysis One example includes prohibiting sex discrimination, as we deem it immoral.
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