CJ 0852 Lecture Notes - Lecture 4: Expulsion Of The Acadians, Eugene V. Debs, Multiple Choice
1 Oct 2020
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Individual interest vs the good of the public. The constitutional amendments originally applied only to the federal government. Over time, its protection of rights was extended to cover state infringement on rights. Religion: the government cannot pass laws interfering with the establishment and exercis of religion. Schenck v. us (1919): eugene debs went to prison for encouraging resistance to the draft in wwi, considered a clear and present danger. Gitlow v. ny (1925): the court broke new ground, stating that freedom of speech that was not a clear and present danger would now be considered a core liberty under the 14th. Brandenberg v. ohio (1969): established a new, stricter test for speech became illegal: when it actively encouraged imminent, lawless action . Right to assemble is in support of political causes is protected, regardless of the content. Speech cannot be judged based upon whether or not we like the message.
