POLS 1336 Chapter Notes - Chapter 10: Draft-Card Burning, Alien And Sedition Acts, Federal Election Commission
16 Sep 2016
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Document Summary
Civil liberties in the american legal system o o o o. Est guarantees that protect citizens against gov interference. Citizens believe gov should interfere as little as necessary. Due process protections: legal safeguards that prevent gov from depriving people. The historical basis for us civil liberties: bor. Freedoms in practice: controversy over the 2nd amend and right to bear arms o. Freedoms of speech, assembly and press: 1st amend freedoms supporting civic. Marketplace of ideas: competition of ideas causes solutions. Criminalized speech and writings judged to be critical of. Lincoln suspended writ of habeus corpus that guarantees person in custody from being held without right to be heard in court. Empowered pres to deport aliens suspected of threatening nation"s security. Any speech with tendency to incite crime or disturb public peace could be silenced. The standard today: the imminent lawless action test. Makes clear and present danger test more stringent. Silence speech that harm was imminent and immediate.
