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Unformatted text preview: CLASS NOTES: LGLS 1 st Amendment • Press • Assembly • Religion • Speech (clothing jestures, ect) • Sredress of grievences • Free exercise clause LIMIT FREE SPEECH: Clear and present danger (yelling fire, public safety) Fighting Words (to get an immediate reaction) Obscenity Indecency (things that shouldn’t happen at certain times) Time Manner and Place Defamation Sedicious Libel: when you speak out against the government Espionage Act: WWI (1917): US federal law passed law which made it a crime for a person to convey information with intent to interfere with the operation or success of the armed forces of the US or to promiot the success of its enemies. It was punishable by $10,000 and 20 years in prison (President Woodrow Wilson) Shank: draft= unconstitutional (pamphlets) unorganized “organization”-willfully conspired **gov. admitted that normally this wouldn’t be as big a deal (but the nation was at war) Bad Tendency Doctrine: a way of interpreting the First Amendment that allows governments to infringe upon freedom of speech even though the amendment specifically forbids that. According to the idea of "bad tendency," the government should have the ability to restrict certain speech if it can establish that that speech will have a tendency to cause or incite illegal activities. SMITH ACT: Criminal offense for anyone to: “knowingly or willfully advocate, abet, advise or teach the duty, necessity, desirability or propriety of overthrowing the Government of the US or of any State by force or violence, or for anyone to organize any association which teaches, advises or encourages such an overthrow, or for anyone to become a member of or to affiliate with any such association” CH 3: Compelling Need: Standard for what gov must prove to justify violating 1 st Amendment rights Private Property: don’t owe first amendment rights Time Manner Place: restrictions must be reasonable, fair, and equitable (fines for letter, must have permit = person who receives job to throw away) Quasi Public Places Chapter 2: Legacy of Freedom Patriot Act: passed shortly after the Sept 11 attacks; created a new crime of domestic terrorism, broadened the federal government’s power to monitor telephone and internet communications and authorized the attorney general to detain any foreigner believed to threaten national security, among other things. Law renewed in 2006: Library Provision: allows government investigators to obtain records from libraries and businesses that would reveal an individual’s financial or medical information or even private reading habits....
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- Spring '08
- Ulysses, Supreme Court of the United States, First Amendment to the United States Constitution