POLI 4021 Chapter : 1st Amendment Internal Security
Document Summary
1st amendment, internal security: governments restrict rights during times of crisis. The government has a right to limit speech if it presents a clear and present danger. times of war and crisis. The manifest purpose of such a publication was to create an attempt to defeat the war plans of the government of the us : outcome: upholds the conspirators" conviction. Danger: gitlow v. new york (1925) anti-anarchy law in ny, legal provisions: 1st amendment, free speech, 14th amendment, due. The attempt of gitlow"s speech was to encourage violent constitutional government through the states" police powers: outcome: upholds gitlow"s conviction. Amendment"s free speech and free press protections: preferred freedoms doctrine laws restricting fundamental right would be regarded as suspect and potentially dangerous to the functioning of democracy applied. There was no present danger of overthrowing the government: us v. carolene products (1938) overthrow of the us government.
