POLI SCI 104 Study Guide - Lemon V. Kurtzman, Prior Restraint, Espionage Act Of 1917
Document Summary
Civil liberties- individual rights that government must protect by not interfering. Due process- procedural safeguards prior to restriction of rights. Incorporation process- the application, through the 14 amendment, of civil liberties protections in the bill of rights to state governments. Selective incorporation- incorporating civil liberties in bits and pieces, supreme court doesn"t declare that the entire bill of rights applies to the states, but works with the issues of cases before it. Prior restraint- action that prevents speech from being uttered/ requires government permission. Standard of presumed reasonableness- presumption that government restrictions on speech were reasonable and constitutional. Clear and present danger standard- permitted government restrictions on speech if public officials believed that allowing the speech created a risk of danger. Espionage act- 1917 prohibited actions that would cause hinder recruiting or involvement in military. Gravity of the danger standard- supreme court allowed the restrictions on speech if the danger espoused by the speech was sufficiently evil.
