Planck V Indiana Term paper

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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...

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