2-15 - 2-15 read ch 29 and online ish 1 3 points to keep in...

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2-15 read ch 29 and online ish 1) 3 points to keep in mind when reading 1 st A a) incorporation of the 1 st A against the states didn’t occur until the 1930s. cynicalism-ceasure of property by a union to have it run by the workers. Anticycisim laws attempted to prevent this, but what is the difference bt speech and action. 2) Holmes history a) Civil war experience led to his belief in fatalism. b) This experience also led to the nobleness of people in war. c) he believed that life was a battleground and that free speech should be as such. d) In his dissent in Lockner he believed that he linked free speech to free competition of ideas. That you can’t have a free competition unless it is protected by the court. e) After the Lockner case, Holmes changes his wording to include “eminent” as a requirement for bad speech. Who makes the distinction? the court. 3) Brandise a) Was a jew that became a prominent attorney b) He and Holmes supported one another on free speech c) He had a concern of social justice, felt that the court had to adapt to changing realities. i) Holmes believed in the order of the majority. d) Thomas emerson-developed a book on the theory of 4) Free speech do ctrine developed overtime bt the balancing view and the absolute view. Both of these views stem from Brandise and Holmes a) He wanted to write a form of free speech that would withhold panic filled times.
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