Political Science 2244E Lecture Notes - Lecture 15: Prior Restraint, Flag Desecration, False Dilemma

• School: Western University
• Department: Political Science
• Course: Political Science 2244E
• Professor: Peter A Ferguson

Document Summary

3:41 pm: target audience of paper is a member of congress who is not an expert in the field. Take a dispassionate view to evaluate solutions: speech, religion, press, assembly and the right to petition government are all protected in the first amendment, possible exam questions: Difference between civil liberties and civil rights - some issues are both, false dichotomy. Kind of a first term question, or a short answer question (could be what is the controversy in including a bill of rights) Incorporation came through gitlow: no prior restraint v. punishment. Punishment: hindsight: preferred position: the first amendment has a preferred position compared to other rights, should only be amended in dire needs. Gov restrictions on freedom of speech were likely to be inherently unreasonable. Assume that gov restrictions will not be reasonable: burden of proof; gov has to prove that restrictions are not unreasonable.