Chapter 5: Civil Liberties Flashcards
The Sedition Act of 1798
Made it a crime to write or utter any “false, scandalous, and malicious” material with the intent of defaming the President or Congress. The occasion was a half-war with France during the time of the French Revolution.
The Espionage and Sedition Acts of 1918-19
Made it illegal to say/write false things that could interfere with U.S military action (by inciting resistance to the draft or to military production). The occasion was WWI, and the fear that German spies were seeking to overthrow the U.S government. More than 2,000 people were prosecuted under these laws, and thousands more were deported. General A. Michael Palmer
The Smith Act
- Made it illegal to advocate to overthrow the U.S government. Basis of prosecution of socialist/communist party people
The Internal Security Act
- Required members of the Communist Party to register with the government.
The Communist Control Act
Declared that the Communist party was part of a conspiracy to overthrow the government. Cold war era, Senator Joseph McCarthy used to prosecute tons of people.
Why was selective incorporation necessary?
Because there was no specification in the constitution/bill of rights that the stuff written there applied to the state governments. (Except for the first amendment, which applied to everyone)
What important clauses are there in the 14th amendment?
The due process clause and the equal protection clause. 14th amend ratified in 1868 to protect newly freed slaves.
Gitlow v. New York
- Court case which reversed previous Court precedent by saying that the federal guarantees of free press and free speech applied to the states as well (beginning the process of selective incorporation). Gitlow was a socialist convicted of criminal anarchy. The court upheld his conviction.
Palko v. Connecticut
- Frank Palko was charged with second degree murder and sentenced to death after he had already been charged with first degree murder and sentenced to life in prison. Court ruled that those laws that were “essential to the existence of ordered liberty” should be incorporated, but that the rule against double-jeopardy was not one of these. He died in the electric chair.
What are the two sections of the first amendment?
Freedom of Expression and Freedom of religion.
What does freedom of expression include?
Freedom of Press, Freedom of Speech, Freedom of Assembly.
What is the traditional view regarding freedom of speech?
The traditional view is that the government should have restricted powers of prior restraint. The gov can punish someone for saying a seditious thing, but it can’t prevent that person from saying it.
Schenck v. United States
- In which Charles Schenck, a member of the socialist party, was convicted of violating the Espionage act of 1917 for mailing/giving out pamphlets to draft-age men, urging them to resist the draft. The Supreme Court upheld his conviction, using the clear and present danger test. Chief Justice Oliver Wendell Holmes wrote the opinion.
National Socialist Party v. Village of Skokie
- The Supreme Court struck down a Skokie, Illinois regulation that would not allow neo-nazis to parade through their streets sporting swastikas. The Supreme Court held that the group was exercising their freedom of assembly.
What are the four types of speech that are not guaranteed protection from the court?
Libel, Obscenity, Symbolic Speech, and False Advertising.
Libel
A written statement that is false and harmful to a person, and created with malicious intent. If oral, called slander. V hard to prove.
What is obscene?
The Miller test (established in Miller v. California) asks:
Is it judged by the average person using contemporary community standards to be excessively offensive and to have no literary, artistic, scientific value?
Why isn’t obscenity strictly regulated?`
Not all law enforcement ppl have the same priorities, some areas have more difficulty bringing obscenity cases to court, some areas people just don’t care.
How does the internet make regulation of obscenity difficult?
The internet has no “average person” or “community standards”. Thus, it’s difficult to define what is obscene on the internet. Also, it’s extremely difficult to regulate the internet without infringing on freedom of speech/press.
Why isn’t symbolic speech/actions given the same protection as regular speech?
The court reasoned that protecting all symbolic speech would open the door to the argument that rape/murder were symbolic, which is horrible. Thus, the court prosecuted people who burned their draft cards.
What’s the difference between a draft card and the flag?
The gov has the right to run a draft, and to do that it need draft cards. Thus, these are protected. However, there is no purpose (aside from infringing upon people’s freedom) in banning the burning of the flag.
Tinker v. Des Moines
- Public school students may wear armbands protesting the American war in Vietnam as long as their doing so does not disrupt class.
