Presentation on theme: "Clear and present danger (test). A legal interpretation that reconciled two views of the First Amendment right of free speech, the first that Congress."— Presentation transcript:
A legal interpretation that reconciled two views of the First Amendment right of free speech, the first that Congress could not pass any law to restrict speech and the second that it could punish harms caused by speech. Proposed by Supreme Court justice Oliver Wendell Holmes in 1919, it held that Congress could punish only speech that created a clear and present danger of bringing of bringing about the actions that congress is authorized to prevent.
Declare the Communist Party to be part of a conspiracy to overthrow the government United States federal legislation, signed into law by Dwight Eisenhower on 24 August 1954, which outlawed the Communist Party of the United States. It amended the Subversive Activities Control Act, and prohibited communist from running for public office.
Makes it a crime to utter false statements that would interfere with the American military, to send through the mails material “advocating or urging treason, insurrection, or forcible resistance to any law of the United States”, or to utter or write any disloyal, profane, scurrilous, or abusive language intended to incite resistance to United States or to curtail war production
A rule that holds that evidence gathered in violation of the Constitution cannot be used in trial. The right has been implemented in two provisions of the Bill of Rights – the right to be free from unreasonable searches or seizures (Fourth Amendment) and the right not to be compelled to give evidence against oneself (Fifth Amendment).
The constitutional rights of Americans to “freedom of speech, or of the press, or the right of people peaceably to assemble, and to petition the government for a redress of grievances” as outlined in the First Amendment to the Constitution
The religious rights of Americans outlined in the First Amendment to the Constitution The amendment states that “Congress shall make no law respecting an establishment of religion; or abridging free exercise thereof”
crimes (such as violent crime, hate speech or vandalism) that are motivated by feelings of hostility against any identifiable group of people within a society The U.S. Congress defined in 1992 a hate crime as a crime in which "the defendant's conduct was motivated by hatred, bias, or prejudice, based on the actual or perceived race, color, religion, national origin, ethnicity, gender, sexual orientation or gender identity of another individual or group of individuals"
Requires members of the Communist Party to register with the government established the Subversive Activities Control Board to investigate persons thought to be engaged in "un-American" activities Legislation that severely curtailed the rights of known or suspected communists
Charges that unfairly or dishonestly tarnish the motives, attack the patriotism, or violate the rights of individuals, especially of political opponents Refers to the numerous unsubstantiated accusations of communism made against public and private individuals by Senator Joseph McCarthy in the 1950s
the traditional view of the press’s free speech rights as expressed by William Blackstone, the great English Jurist According to this view the press is guaranteed freedom from censorship – that is, rules telling it in advance what it can publish
Good reason that suggests a crime has been committed Standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant Also standard to which a grand jury believes that a crime has been committed
IE celebrity, elected official, army general, etc A public figure cannot base a lawsuit on incorrect harmful statements unless there is proof that the writer or publisher intentionally defamed the person with malice
An order from a judge authorizing the search of a place; the order must describe what is to be searched and seized, and the judge can issue it only if he or she is persuaded by the police that probable cause exists that a crime has been committed and that the evidence bearing on the crime will be found at a certain location
An amendment to the Espionage Act of 1917 The Sedition Act forbade an American to use "disloyal, profane, scurrilous, or abusive language" about the United States government, flag, or armed forces during war The act also allowed the Postmaster General to deny mail delivery to dissenters of government policy during wartime
Linda Brown’s parents/NAACP sued the board of education because she was not allowed to attend an all white school that was in he neighborhood than a all black school The Supreme Court ruled unanimously that separate but equal was unconstitutional Overruled Plessy v Ferguson
Legislation outlawing discrimination based on race, color, religion, sex, or national origin Originally conceived to protect the rights of black men, the bill was amended prior to passage to protect the civil rights of all men and women
Racial segregation in schools that occur not because of laws or administration decisions, but as a result of patterns of residential settlement. To the extent that blacks and whites live in separate neighborhoods, neighborhood schools will often be segregated de facto.
Ex-slaves made citizens Due process clause applied to states Equal protection Reduces congressional representation for states denying adult males the right to vote Southern rebels denied federal office Rebel debts repudiated
Plessy who was 1/8 black refused to ride in a separate train car from the whites. He was arrested on that basis. He claimed that the arrest violated his fourteenth amendment rights. The courts ruled against him claiming that separate but equal was constitutional.
In some states abortion was legal, others it wasn’t. texas, particularly, abortion was legal. The lady under the pseudonym of Roe couldn’t afford to travel to another state for the abortion. She claimed the fourteenth amendment. In a 7 to 2 vote, the court rule in her favor claiming that the fourteenth amendment gives the right to privacy.