CJ 100 1st Edition Lecture 6Outline of Current Lecture II. Schenck v. United StatesIII. Brandenburg v. OhioIV. Brandenburg testV. Freedom of PressVI. Second Amendment todayVII. The next Supreme Court BattleCurrent LectureSchenck v. United States (1919)Entering WW1, people were opposed of getting involved into the war. Carl Schenck was one of the people handing out pamphlets against joining the draft. And he was arrested on undermining the government and war efforts. He said that he was using his freedom of speech in the 1st Amendment.- Established the “clear and present danger test” test- Falsely shouting fire in a theatre- Limits on free speech? What is false speech? Was his trying to encourage people to not join the war, was that “false speech”Brandenburg v. Ohio (1969)we still use this ruling today- Government can’t punish inflammatory speech unless that speech is directed to inciting,and is likely to incite, imminent lawless action (ex riot)- The Brandenburg Test1. Intent2. Imminence3. LikelihoodThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.Freedom of Press- Press is called the “4th estate”- Corporate owned mainstream media?- The internet as another branch of mediaSecond Amendment Today- Debate on the militia vs. individual clause- Why do we have the 2nd amendment- Evolution of weapon technology- Does the 2n amendment apply outside of the home?The next Supreme Court Battle- Does the individual right to bear arms apply outside of your home? Yes but the supreme court will be tasked in deciding this.- Illinois recently struck down the statewide ban on carrying concealed
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