Freedom of Expression

Freedom of Expression - -Gitlow v. New York (1925) (p.219)...

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Freedom of Expression - All speech is not created equal o Think of it like a pyramid (1) Political/Social (absolutely protected) (2) Commercial (mostly protected) (3) Obscenity, Libel, etc. The government can do whatever it wants with this. It’s not protected - Schenk v. US o Member of Socialist party urging resistance to the draft o Charged with violating the Espionage Act of 1917: unlawful to “interfere with the operation or success of military… or obstruct recruitment…” o Clear and Present Danger o “A question of Proximity and Degree” - Abrams v. US (1919) (p.215) o Defendants charged with violating Espionage Act for urging “workers” to disrupt te war effort o Made it easier for federal government to control speech o Words used had a tendency to bring about something evil, not whether the words had a tendency to vbring about immediate substantive evil.
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Unformatted text preview: -Gitlow v. New York (1925) (p.219) o Gitlow charged with Criminal Anarchy for distributing the Left Wing Manifesto o Statute penalizes the mere utterance without regard to the likelihood of the consequences of the speech o SC also held that danger need not be immediate to justify governmental regulation of speechno need to examine the proximity and degree of the danger (see Schenk clear and present danger)-Brandenburg v. Ohio (1969) (p.239) o Member of KKK charged with Ohios syndicalism law (radical political movements that advocates bringing industry and government under the control of labor unions using sabotage and strikes) o Court holds that States cannot forbid advocacy of the use of force ecept when it is likely to produce imminent lawless action.-Speech and the War on Terror o...
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This note was uploaded on 04/12/2008 for the course JLS 307 taught by Professor Rangoussis during the Spring '08 term at American.

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