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UT Arlington POLS 2311 - In corporation by the 14th

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POLS 2311 1st Edition Lecture 11Outline of Last Lecture I. Article VI II. Section 3III. Article VII IV. Bill of Rights V. 1st Amendment VI. Preferred Position DoctrineOutline of Current Lecture I. Incorporation by the 14th II. Gitlow v. New York Current LectureI. In corporation by the 14th - The 14th Amendment ratified 1868. Provided “… nor shall any State deprive any personof life, liberty, or property without (federal) due process of law.”o View “liberty” as constitutionally protected. Federal right. - In 1925 U.S. Supreme Court, with the free speech and press case Gitlow v. New York, 1st began to apply (incorporate) most of the Bill of Rights to apply to the States. - Gitlow is a socialist and thinks that states should rise up and standup for themselves by any means. The police arrest him and charge him with a federal crime because he isinstilling violence. - The U.S. views freedom of press as your right to offend people but not hurt them. Since Gitlow only offended people he appealed his charge. II. Gitlow V. New York- Facts of the Case: Gitlow, a socialist, was arrested for distributing copies of a “manifesto” that called for socialism through strikes and class action of any form” (could be violent like some union strikes). o Convicted under state “criminal anarchy” law, which punished advocating the overthrow of the government by force. o Gitlow argued that since was no illegal action flowing from the manifesto’s publication, the statute penalized utterances lacking such. o New York courts decided anyone who advocated the doctrine of violent revolution violated the law. 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.- Threshold issue: Does the First Amendment apply to the states?o Yes. The Supreme Court stated that ‘the rights of freedom of speech andfreedom of the press were “among the fundamental personal rights and‘liberties’ protected by the due process clause of the Fourteenth Amendment from impairment by the states.”o Gitlow’s conviction upheld, but NY governor pardoned him because wasviewed as a political crime. III. Exam - Every question is multiple-choice. 50 questions - Need a scantron. - You have 50 minutes to take it. - Organize this information into a brief key word bullet outline and you will be able to recognize it on the test. Don’t memorize all the data and stuff that are one the notes just know the key words and concepts. - There is only one right answer on the test. The others are very wrong. - Go over the reading review multiple-choice questions posted on the website and studyguide. - Watch online videos. Notes on those are lectures 1-4. On the exam the questions over these videos are about the major things he did in that video. He just wants to see if you watched them or not. Four questions total work 2 points apiece. - Know the great 7 documents listed on the website. Just know the names. - Sample Question o “Do not despise compromise, for it is the cement that keeps this country together.” Henry Clay - Know the difference between liberals, conservatives, and other stuff like that. - Know the isms. Socialism,


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UT Arlington POLS 2311 - In corporation by the 14th

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