1-22 notes - LSJ 361 01/22/2009 1) History of Freedom of...

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LSJ 361 01/22/2009 1) History of Freedom of Speech a) Two basic standards in common law i) No prior restraint – government could not use censorship as a way of restricting free speech ii) Sedition – criticism of the government that is subject to criminal penalties b) American founding the founder adopted common law principles of free speech c) Predominant thought on free speech through the 20 th century - early thought 2) Redefining freedom of speech a) Predominant view sees 1 st amendment as a restriction on prior restrain ONLY b) Early sedition acts in the US go unchallenged legally c) Incorporation – people could be convicted by the state government d) Challenges to sedition arise in 20 th century in context of the red scare 3) Sedition – Schenck v US (1919) a) Significance – the “clear and present danger test” b) Alternative to the “bad tendency” test c) Background i) Secretary of the socialist party (Schenck) mails out propaganda to draftees to encourage them to forgo their draft obligations. ii) During World War I
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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.

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1-22 notes - LSJ 361 01/22/2009 1) History of Freedom of...

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