PSCI 1101 Lecture Notes - Lecture 7: Dominick Fernow, Patriot Act, Forced Confession
7 Sep 2016
School
Department
Course
Professor
Document Summary
An explicit restriction on what power the government can exercise over individuals. Basic political freedoms that protect citizens from government. An explicit statement about how government must use its power to assure equality for citizens: balancing interests/drawing lines. Fundamental problem of civil liberties: balancing competing interests. Freedoms of speech: different types of speech have been test before the supreme court. Basis for this comes from the content of the speech. Content-based regulation of speech is not permissible subject to: Compelling state interest in banning speech (religious freedom) Narrowly tailored/least restrictive means of achieving this goal. If something is content neutral intermediate scrutiny. Substantial interest, interest must be unrelated to content and alternative opportunities for communication: generally protected expression. Schenck v. u. s. (1919: socialist, wwi opponent, resist draft , clear and present danger test, government can restrict speech deemed. Dangerous : for example: shouting fire in a crowded theater, led to struggle with line between dangerous and unpopular speech.
