JOURN 4000 1st Edition Lecture 6 Outline of Last Lecture I Important cases in US history Outline of Current Lecture I Important cases in US history Current Lecture Alexander Palmer Palmer raids Hundreds deported because of Communist anarchist ideology John Stuart Mill clear that act is going to occur you can act 1925 Ben Gitlow Communist Advocated overthrow of the government Arranged for manifesto to be published in magazine Mass strikes to overthrow the gov Language of direct incitement 1927 Charlotte Anita Whitney Communist Sentenced to 113 years If you want to change the government vote Communist 1940 Smith Act Alien Registration Dennis Case plurality decision of justices that agree is the decision Taylor vs Mississippi Jehovah s Witnesses These 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 Not saluting flag encouraging people not to join the draf Dennis charged with conspiring for a violent overthrow of government convicted 1951 what does clear and present danger mean Does not mean that the government must wait until push overthrow Learned Hang Gravity of the evil improbability invasion of free speech allowed 1951 height of McCarthy era House Un American Activities Committee Hugo Black William Douglas dissented over Dennis Yates Cases distinction between advocacy of abstract doctrine and advocacy of action not OK Scales case advocacy of future action is just as punishable as advocacy of imminent action 1969 Dr Spock book on how to raise babies Didn t like the draf that killed the babies he helped raise Acquitted by court of appeals Brandenburg vs Ohio Current incitement standard Gives true freedom of speech Per curium decision short decision judges are all of one mind clear cut don t need to defend much Clarence Blackburn KKK Leader Invited reporter to clan meeting Not a revengant org but if gov continues to suppress rights of whites there might be revengance Convicted under Ohio law crime to incite vengeance terrorism etc as a means of accomplishing industrial political reform Supreme court overruled conviction Mere advocacy cannot be punished More is required for conviction Brandenburg test Subjective advocacy must be directed to producing lawless action Objective has to be likely to produce such actions 3 part test 1 Intent 2 Imminence 3 Likelihood All three have to be present
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