Notes 2-3-09 and 2-5-09

Notes 2-3-09 and 2-5-09 - C ivil Liberties Cont a Freedom...

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Civil Liberties Cont. a. Freedom of Speech b. 1st amendment of Const. c. The right depends on how you define “free speech” i. ie shouting fire in a crowded theater d. If nothing else it protects political speech i. ie saying the pres. is stupid e. Legal Categories i. Subversive Advocacy 1. Advocating the overthrow of government by force or violence, or advocating criminal syndicalism, which includes advocating, teaching, or adding in commission of crime, Sabotage, Or unlawful acts of force and violence or unlawful methods of terrorism as a means of effecting political change. 2. 1969 Brandenburg v. Ohio a. KKK leader sounded like he was threatening the gov. so he was arrested b. But he was let free bc he was not specific 3. To be arrested for it you must make a statement that makes the act “imminent”. ii. Fighting Words 1. Chaplinski v. New Hampshire a. A Jehovah’s Witness starts denouncing organized religion as “racket”. He instigates a police officer.
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