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Unformatted text preview: REASONABLENESS/RATIONAL BASIS TEST Facts Gitlow charged with publishing Left Wing Manifesto Issues Does the 14 th amendment apply to the states? Yes. Does the Criminal anarchy Law of 1902 violate the due process clause of the 14 th amendment? No Opinion Anything that falls within that category can be considered suspicious. Though the Fourteenth Amendment prohibits states from infringing free speech, the defendant was properly convicted under New York's criminal anarchy law for advocating the violent overthrow of the government, through the dissemination of Communist pamphlets. Dennis v. United States, 341 U.S. 494 (1951) BALANCING CLEAR AND PRESENT DANGER Brandenburg v. Ohio, 395 U.S. 444 (1969) IMMINENT LAWLESS ACTION...
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This note was uploaded on 02/19/2009 for the course LSJ 361 taught by Professor Squatrito during the Spring '09 term at University of Washington.
- Spring '09