in our defense notes

in our defense notes - AP American Government and Politics...

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AP American Government and Politics - 5 Notes – In Our Defense HISTORICAL NOTE incorporation extending a Bill of Right restriction to the states o provided by the 14 th Amendment—“No state shall… deprive any person of life, liberty, or property, without due process of law.” o most rights were not incorporated until the 60s All the amendments except the 2 nd , 5 th , 6 th , and 7 th have been incorporated; those are protected by other cases FIRST AMENDMENT Freedom of speech: Missouri Knights of the Ku Klux Klan v. Kansas City Dennis Mahon (Missouri KKK) wanted to air anti-black stuff on the public access channel o Instead decided to make a show for the white working class; Cablevision was worried about violence resulting o Rev. Emanuel Cleaver (member ACLU, SCLC) objected. Saw “Klansas City Kable” not as an exercise in free speech but terrorism. Supreme Ct: balancing violence provoked by speech and Amendment One has produced the “clear and present danger” test o produced by Justices Holmes and Brandeis in WWI. Free speech was then thought of narrowly and used to jail Eugene Debs because he was against the war. o SC has to distinguish advocacy of violence from advocacy of belief. Communist convictions for conspiring to overthrow the government were upheld. Communist convictions for teaching the doctrine of overthrowing the government were reversed. o Brandenburg v. Ohio 1969 – speech can be restricted nly when it advocates the use of violence directed toward inciting imminent and likely lawless action Cleaver thought he could prove violence to be imminent but there had not been any episodes yet. Instead, he chose to use reasonable time/place/maner restrictions. Public forums like streets, parks and public places belong to the people and cannot be used to stop free speech. o ACLU said the public access channel was a public forum o Cleaver said the public access channel was the property of the cable company (invoked property rights).
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o Town voted to drop the public access channel; one black woman dissented because she believed that people have the right to be heard. Holmes came up with the ‘marketplace of ideas’ principle—theory of counterspeech Cleaver etc. should produce their own program. Cleaver disagreed, saying that it’s ineffective. o Pevar: offensive speech has to be tolerated alongside acceptable speech. o Should we give free speech to people who, in power, would deny free speech to others? o KKK admittedly would not allow free speech. o Ministers sang in council meeting. PA channel was resurrected and provided for free speech, subscribing to “marketplace” Kansas City saw Cleaver as a proponent of tolerance rather than a detractor of free speech. He won in the marketplace of ideas and was elected mayor and stopped the show.
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