JOURN 4000 1st Edition Lecture 6Outline of Last LectureI. Important cases in US history Outline of Current LectureI. Important cases in US historyCurrent Lecture-Alexander Palmer-Palmer raids-Hundreds deported because of Communist/anarchist ideology-John Stuart Mill clear that act is going to occur, you can act1925- 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 incitement1927- Charlotte Anita Whitney (Communist)-Sentenced to 113 years-“If you want to change the government, vote Communist1940- 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 convicted1951- 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 allowed1951- height of McCarthy era-House Un-American Activities Committee-Hugo Black-William Douglas dissented over DennisYates 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 action1969- Dr. Spock-book on how to raise babies-Didn’t like the draf that killed the babies he helped raise-Acquitted by court of appealsBrandenburg 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 convictionBrandenburg test:Subjective- advocacy must be directed to producing lawless actionObjective- has to be likely to produce such actions3 part test:1. Intent2. Imminence3. Likelihood-All three have to be
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