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Unformatted text preview: 2-15read ch 29and online ish1)3 points to keep in mind when reading 1stAa)incorporation of the 1stA 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 historya)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)Brandisea)Was a jew that became a prominent attorneyb)He and Holmes supported one another on free speechc)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 doctrine 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. i)Thus to talk about free speech in a time of crisis was a luxury only judges could performii) Brandice-viewed free speech as Darwinism, that social justice had to be...
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- Fall '06