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Term Papers on Planck V. Indiana

Term Paper TitlePlanck V. Indiana
# of Words938
# of Pages (250 words per page double spaced)3.75

Planck v. Indiana


        Lance Ito
        Essay #1
        February 12, 1997

     In the reviewing the case of Planck v. Indiana, many complicated  issues
arise.  Included in those,  individual rights conflicting with the public good
are among the most difficult.  According to Mr and Mrs.  Planck's attorney, John
Price, the Planck's religious beliefs prohibit them from accepting professional
medicine practice, as they practice alternative medicine and home school their
children.  After a complaint from an older Planck daughter, who did not embrace
or respect her family's lifestyle, the state was called in to investigate the
health of the Planck children.  In a preliminary check by the state of Indiana
for eyesight, Lance Planck was found not to be in need of any service.  Despite
this finding, the Madison County Superior Court ordered that all of the Planck's
children's eyes be examined by the state.  One month after the Court ordered
this, twenty armed officers with guns drawn came to the Planck's residence and
commanded Mr. and Mrs.  Planck to give up their children.  Mr. Planck told the
officers that he did not know why they were there, was pushed to the ground and
had loaded rifles pointed at him.  The children were then forcibly removed from
their parents custody, and at no time was any identification shown by the
officers.  Curt, Lance Planck's younger brother, resisted this removal from his
house, and was threatened by an officer that he would be "dragged out of here."
After this scene, Emily, Stephen, and Curtis Planck were loaded into a van and
driven to an eye doctor in Anderson, Indiana.  The examining doctor, Dr. Joseph
Woschitz, came to the conclusion that no treatment was needed for any of the
children.  How can the state justify this type of behavior?  Is ripping a child
unwillingly from his mother's arms in the best interest of the public good?
What does society have to benefit from this?  In short, this does not affect the
public good per se, but does affect the Plancks and any other family that
practices a religion that is not widely accepted.
     Following the above events, Mr. and Mrs.  Planck were subsequently
arrested, had their First Amendment rights violated, and had their home invaded
by armed SWAT team members who fired a CS tear gas canister into their house.
Simply, Mr. and Mrs.  Planck and their children were targeted by the state
selectively because of  their religious beliefs which they manifested in home
education and the practice of alternative medicine.  The fundamental argument
here is that the Planck's rights have been violated, and the State of Indiana
has overstepped its duty of caring for the Planck's children.
     Thomas Jefferson described our fundamental rights as "life, liberty, and
the pursuit of happiness," however, the Planck's exercise of these rights have
been violated by the State of Indiana.  The Plancks seem to have been happy
before this fiasco started, but since they state has interfered a...

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