COMM 454 Lecture Notes - Lecture 2: Smith Act, Bad Tendency, Cup-Bearer
16 Dec 2016
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Chapter 3 focuses on the idea of bad tendencies. Espionage act of 1917 and enacted in 1918: president led us to ww1, real resistance to the war. Law said that you can not do or say anything that interferes with the law. If you say pu(cid:271)li(cid:272)ly that us should(cid:374)"t go to war, you"d (cid:271)e put i(cid:374) jail for that. 2,000 people were prosecuted, 1,000 were convicted for not entering the war. Introduces clear and present danger/only the speech that presents clear danger should be regulated. Court has decision to decide whether something is dangerous or not biased. Abbrams v. us (1919): court votes 7 to 2 to uphold conviction of advocating against the war. Gitlow v. new york (1925): votes 7 to 2, bad tendency argument was used. Court rules whatever 1st amendment protections there are, apply to state law. People felt that state law should be more autonomous. States now have to keep 1st amendment law in mind.
