POLS 015B Lecture Notes - Lecture 11: Espionage Act Of 1917, Substantive Rights, Due Process

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14 Nov 2017
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POLS 15B Lecture 11 Chapter 4 Discussion
I. Civil Rights
a. Places restrictions on government
II. Civil Liberties
a. civil liberties: rights given to individuals that cannot be infringed upon by
government
i. Protects individuals
b. Not intended to prevent government from doing its job
III. Liberties in the Bill of Rights
a. Two parts
i. Due process (why)
1. Amendments
a. 4th
b. 5th
c. 6th
d. 8th
ii. Substantive rights (when)
1. Amendments
a. 1st
b. 2nd
c. 3rd
2. Restrictions depending on specific legitimate public interest
IV. Sedition Act
a. Illegal to lie or spread rumors about government officials
V. Schenck v. U.S. (1919)
a. Restrictions on free speech
b. Espionage Act (1917)
i. Could not disobey military
c. Did not want to submit to draft (disobeyed military leaders)
d. Claimed that draft was unconstitutional
e. Was convicted and then said this action violated 1st amendment
f. Justices ruled against Schenck
i. Government granted power to raise military
ii. Free speech is limited
1. “clear and present danger” test
VI. Abrams v. U.S. (1919)
a. Expansion of free speech
b. WWI
i. Russia vs. U.S.
ii. Decided to cause revolution in Russia
iii. Lenin was sent over to Russia to instigate revolution
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