GOV 310L Module Notes.docx

O classical focus on positive rights in the tug of

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To what degree to we observe negative and enforce positive? o Classical focus on positive rights In the tug of war in the past, positive won o Modern philosophers focus on negative rights Newer ideology, in the last few centuries Emphasis on negative runs into conflicts where they overlap Anti-vaccination movement: o Forcing children to become vaccinated infringes upon civil liberties o People realize their kids have autism around the same time Correlation is not causality Religious and philosophical exemptions for vaccination
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Only two are mississippi and west Virginia When people don’t get their kids vaccinated, they do it in groups 94-95% vaccinated in order to have safe population Public Health and Rights o Individual v. whole o Public health is a collective act Requires coercion Restrict rights for group Court cases: Jacobson v. Massachusetts Mandatory immunization for smallpox, he didn’t want to o Court ruled in favor of state, but must establish the following to infringe upon rights (balance) Necessity Reasonable means Proportionality Harm avoidance Vaccination of Health Care workers for flu shot More workers vaccinated, lower mortality rate Mandates to compel it were withdrawn o Seen with Ebola (nurse was quarantined) Right to become vaccinated is now a political issue o Issue of civil liberties Texas and Civil Liberties o Remonstrance: Right to petition government, but requires a response Dialogue with government o Freedom of religion in Texas: Requires official to acknowledge the existence of a supreme being State cannot enforce it Religious Freedom Act: prohibits it from interfering with religious act Must meet qualifications to step in Establish clear causation and use unrestrictive method Mormon compound, thought children were being abused, but they weren’t, group sued Freedom of Speech and the Rights of the Accused o Civil liberties: negative: government cannot touch o Civil Rights: rights that (1) enable individuals to engage in activities to citizenship, i.e. voting (2) guarantee freedom from oppression by others and deny them from being an equal member of society Overlap with positive rights Government must secure them Free speech: o Evolved over time: Core element of Bill of Rights Government can regulate speech if it has a tendency to harm the public welfare
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Bad tendency o Existed up to first WW, in Schenk in 1919 case o Justice Oliver Wendell Holmes Clear and present danger allows us to limit speech Holds until Chaplinksi v. new Hampshire o Doctrine of Fighting Words Inflict injury or breach the peace Protected speech: Right to say racist and inflammatory things? Doctrines that emerge: Judge Learned Hand ACA v. Douds in 1950 o Balancing Test , is the limitation balanced with the danger Incitement or imminent lawless action doctrine o Free speech does not pertain to incitement of lawless action (imminent) Rights of protesters v. Privacy
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