Sept. 22

Sept. 22 - September 22, 2010 Civil Liberties and Rights...

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September 22, 2010 Civil Liberties and Rights Civil Liberties 1. Does free speech merit special status compared to other rights in a democracy? a. Don’t have free speech then not sure about what can be advocated b. If people are restricted in articulation, then limiting and altering the core of democracy though many democracies inhibit some speech c. The foundation of elections are idea and restricting ideas go against democracy 2. What rights do people actually have? The idea of “incorporation” a. Some important earl decisions related to incorporation a.i. Barron v. Baltimore (1833) – Baltimore ruined water and Barron wanted compensation a.i.1. Right to compensation (denied because not federal government but state government) a.ii. Gitlow v. New York (1925) – Gitlow was advocating social resistance and overt action and NY State took him into jail a.ii.1. Incorporation of free speech, but bad tendencies doctrine (support NY law and left Gitlow in jail) a.iii. Palko v. Connecticut (1937) – try to retry people and left double jeopardy up to the states a.iii.1. Double jeopardy (ended up being reconvicted) b. Free speech cases b.i. Schenck v. US (1919) b.i.1. Resist the draft, clear and present danger test because feared WWI and thus limited Schenck’s speech b.ii. Dennis v. US (1951) b.ii.1. Communist overthrow, more bad tendencies leading to clear and probable danger test b.ii.2. Thrown in jail for this b.iii. Yates v. US (1957) b.iii.1. Communist overthrow b.iv. Brandenburg v. Ohio b.iv.1. KKK; a state cannot define as a crime “the mere advocacy not distinguished from imminent and immediate action b.v. Citizens United v. Federal Election Commission (2010)
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This note was uploaded on 04/01/2012 for the course POLI 100 taught by Professor Rabinowitz during the Fall '07 term at UNC.

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Sept. 22 - September 22, 2010 Civil Liberties and Rights...

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