Chapter4_outline - Chapter 4 Introduction 2 A. The...

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Chapter 4 Introduction
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2 A. The Creighton Case and "warrantless" searches (FBI) B. The Fourth Amendment's protection from "unreasonable" searches C. The chapter's main points: 1. Freedom of expression is not unlimited 2. "Due process of law" refers to procedural safeguards 3. The civil liberties of Americans have been expanded during the last fifty years 4. Individual rights are weighed against the demands of majorities and society's needs Freedom of Expression A. Introduction 1. The First Amendment provides the foundation for free expression 2. Freedom of expression is not absolute a. Expression can be denied if it harms national security b. Private thoughts are free, but words and actions may not be 3. Today, free expression has broader judicial protection than in the early days of the U.S. B. The Early Period: The Uncertain Status of the Right of Free Expression 1. The Sedition Act of 1798 (crime to print false stories about the president) 2. Jefferson pardoned those convicted under Act 3. "Clear-and-present-danger test" in Schenckv.United States (1919) C. The Modern Period: Protecting Free Expression 1. Introduction a. Until World War I, free expression was not a pressing dilemma for U.S. b. The country's great size and ocean barriers provided protection from potential enemies, minimizing concerns of internal subversion c. Since World War II, American's rights of free expression have been defined largely in the context of national security concerns 2. Free Speech and Assembly a. Court allowed government to place substantial limits on free expression due to fear of communist subversion during cold war b. Modified by Justice Stone's argument against speech restrictions c. Government cannot prohibit free expression without justification d. "Symbolic speech" less protected than verbal speech e. Court ruled that burning the American flag was constitutionally protected 3. Press Freedom and Prior Restraint a. New York Times Co. vs. United States (Pentagon papers case) b. Prior restraint is unacceptable (government stopping publication in advance) c. Exceptions
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D. Free Expression and State Governments
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This note was uploaded on 07/05/2009 for the course PS PS 231 taught by Professor Knight during the Spring '09 term at Chadron State College.

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Chapter4_outline - Chapter 4 Introduction 2 A. The...

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