Flashcards in 1/24/2013 Deck (16):
protections the Constitution provides against the abuse of government powers-for all at all times.
– made it a crime to write, utter, or publish “any false, scandalous, and malicious writing” with the intention of defaming the president, Congress or the government or of exciting against the government “the hatred of the people.” The policy entrepreneurs were Federalist politicians who believed that Thomas Jefferson and his followers were supporters of the French Revolution.
Sedition Act – 1798
– made it a crime to utter false statements that would interfere with the American military, to send through the mails material a ”advocating or urging treason, insurrection, or forcible resistance to any law of the United States.” The policy entrepreneur leading to the massive crackdown(the so-called Red Scare) was Atty. General A. Mitchell Palmer.
Espionage and Sedition Acts – 1917-1918
Denies government the right, without due process, to deprive people of life, liberty, and property.
due process law
A standard of equal treatment that must be observed by the government.
Equal protection of the law
Court cases that apply Bill of Rights to states.
-Right of people to speak, publish and assemble.
Freedom of expression
People shall be free to exercise their religion, and government may not establish a religion.
Freedom of religion
Censorship of a publication
Law should not punish speech unless there was a clear and present danger of producing harmful actions.
Gitlow v. New York (1925)-Supreme Court says the First Amendment applies to states. Palko v. Connecticut-Supreme court says the states must observe all “fundamental” liberties.
Landmark Cases of Incorporation
Libel, obscenity, symbolic speech, and false advertising.
Four forms of speech not automatically protected
writing that falsely injures another person
Court has not come up with a clear definition
an act that conveys a political message.