COM JO 525 Lecture Notes - Lecture 3: Incorporation Of The Bill Of Rights, Symbolic Speech
7 May 2019
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As applied - a phrase referring to interpretation of a statue on the basis of actual effects on the parties in the present case. Usa patriot act - post 9/11, designed to quickly identify, intercept and prosecute terrorists, flaws were that it did not give a clear definition of terrorism and support for terrorism. Chilling effect - the discouragement of a constitutional right, especially free speech, by any government practice that creates uncertainty about the proper exercise of that right. Clear and present danger - doctrine establishing that restrictions on first amendment rights will be upheld if they are necessary to prevent an extremely serious and imminent harm. Established in 1919, schenck v united states, schenck mailed a bunch of anti-war draft pamphlets to men, court established that it was a clear and present danger to national security. Court relied on several versions of clear and present danger to arrest men during the.
