POL 374 Lecture Notes - Lecture 8: Free Speech Coalition, Strict Scrutiny, Miller Test
1 Nov 2018
School
Department
Course
Professor
Document Summary
One of few areas that has no protection at all when it comes to speech and press. 3 prong miller test (miller v california 1973) Court assumes that elected officials are chosen by the people to do the best they can. Judges is supposed to assume that the government action was unconstitutional, up the person who is claiming its not to prove. First time it was seen in a case in 1938, united states v. carolene products. Footnote #4 justice stone wrote that in certain cases they may need to have a more narrower and demanding way to look at someone who is making a constitutional challenge. Some sort of constitutional case about civil liberties or civil rights, that may need more than minimal scrutiny standard. Need to look at and analyze different way. Used a stronger more demanding standard to make it harder for government in a constitutional case.
