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Whitney V. California
''Whitney v. California'', 274 U.S. 357 (1927), was a United States Supreme Court decision upholding the conviction of an individual who had engaged in speech that raised a threat to society. ''Whitney'' was explicitly overruled by ''Brandenburg v. Ohio'' in 1969. Background Charlotte Anita Whitney, a member of a distinguished California family, was convicted under the 1919 California Criminal Syndicalism Act for allegedly helping to establish the Communist Labor Party of America, a group charged by the state with teaching the violent overthrow of government. Whitney denied that it had been the intention of her or other organizers for the party to become an instrument of violence. Decision The question before the court was whether the 1919 Criminal Syndicalism Act of California violated the Fourteenth Amendment's Due Process and Equal Protection Clauses. The Court unanimously upheld Whitney's conviction. Justice Sanford wrote for the seven-justice majority opinion and invoked the ...
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Lawyers' Edition
The ''United States Supreme Court Reports, Lawyers' Edition'', or ''Lawyers' Edition'' (L. Ed. and L. Ed. 2d in case citations) is an unofficial reporter of Supreme Court of the United States opinions. The ''Lawyers' Edition'' was established by the Lawyers Cooperative Publishing Company of Rochester, New York in 1882, and features coverage of Supreme Court decisions going back to 1790. The first ''Lawyers' Edition'' series corresponds to the official ''United States Reports'' from volume 1 to volume 351, whereas the second series contains cases starting from the official reporter volume 352. It is currently published by LexisNexis. The ''Lawyers' Edition'' differs from the official reporter in that the editors write headnotes and case summaries, as well as provide annotations to some cases, and decisions are published far in advance of the official reporter. As such, it is similar to West's unofficial ''Supreme Court Reporter'' (S. Ct.). ''Lawyers' Edition'' case reports dif ...
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Marketplace Of Ideas
The marketplace of ideas is a rationale for freedom of expression based on an analogy to the Economics, economic concept of a free market. The marketplace of ideas holds that the truth will emerge from the competition of ideas in free, transparent public discourse and concludes that ideas and ideologies will be culled according to their superiority or inferiority and widespread acceptance among the population. The concept is often applied to discussions of patent law as well as freedom of the press and the responsibilities of the media in a liberal democracy. History Support for competing ideas and robust debate can be found in the philosophy of John Milton in his work ''Areopagitica'' in 1644 and also John Stuart Mill in his book ''On Liberty'' in 1859. The general idea that free speech should be tolerated because it will lead toward the truth has a long history. English poet John Milton suggested that restricting speech was not necessary because "in a free and open encounter" tru ...
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Imminent Lawless Action
"Imminent lawless action" is one of several legal standards American courts use to determine whether certain speech is protected under the First Amendment of the United States Constitution. The standard was first established in 1969 in the United States Supreme Court case ''Brandenburg v. Ohio.'' History ''Brandenburg'' clarified what constituted a "clear and present danger", the standard established by ''Schenck v. United States'' (1919), and overruled '' Whitney v. California'' (1927), which had held that speech that merely advocated violence could be made illegal. Under the imminent lawless action test, speech is not protected by the First Amendment if the speaker intends to incite a violation of the law that is both imminent and likely. While the precise meaning of "imminent" may be ambiguous in some cases, the court provided later clarification in '' Hess v. Indiana'' (1973) in which the court found that Hess's words were protected under "his rights to free speech",''Hess ...
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Clear And Present Danger
''Clear and Present Danger'' is a political thriller novel, written by Tom Clancy and published on August 17, 1989. A sequel to ''The Cardinal of the Kremlin'' (1988), main character Jack Ryan becomes acting Deputy Director of Intelligence in the Central Intelligence Agency, and discovers that he is being kept in the dark by his colleagues who are conducting a covert war against a drug cartel based in Colombia. It debuted at number one on ''The New York Times'' bestseller list. A film adaptation, featuring Harrison Ford reprising his role as Ryan, was released on August 3, 1994. Plot summary The President of the United States is running for reelection. His fierce opponent in Ohio, Governor J. Robert Fowler, has rallied the American public behind the current administration's failures in the War on Drugs. National Security Advisor James Cutter seizes an opportunity to help the president initiate covert operations within Colombia with the intent to disrupt the illegal drug trade t ...
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Industrial Workers Of The World
The Industrial Workers of the World (IWW), members of which are commonly termed "Wobblies", is an international labor union that was founded in Chicago in 1905. The origin of the nickname "Wobblies" is uncertain. IWW ideology combines general unionism with industrial unionism, as it is a general union, subdivided between the various industries which employ its members. The philosophy and tactics of the IWW are described as "revolutionary industrial unionism", with ties to socialist, syndicalist, and anarchist labor movements. In the 1910s and early 1920s, the IWW achieved many of their short-term goals, particularly in the American West, and cut across traditional guild and union lines to organize workers in a variety of trades and industries. At their peak in August 1917, IWW membership was estimated at more than 150,000, with active wings in the United States, the UK, Canada, and Australia. The extremely high rate of IWW membership turnover during this era (estimated ...
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Woodrow Wilson International Center For Scholars
The Woodrow Wilson International Center for Scholars (or Wilson Center) is a quasi-government entity and think tank which conducts research to inform public policy. Located in the Ronald Reagan Building and International Trade Center in Washington, D.C., it is a United States presidential memorial that was established as part of the Smithsonian Institution by an act of Congress in 1968. So-named for Woodrow Wilson's achievement of being the only president of the United States to hold a PhD, the center is also a think tank, ranked multiple times by the University of Pennsylvania's Think Tanks and Civil Societies Program as among the ten best in the world. On January 28, 2021, Mark Andrew Green was announced as the Wilson Center's next president, director and CEO. He began his term on March 15, 2021. Organization and funding The center was established within the Smithsonian Institution, but it has its own board of trustees, composed both of government officials and of indivi ...
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Advocacy And Incitement
Advocacy and incitement are two categories of speech, the latter of which is a more specific type of the former directed to producing imminent lawless action and which is likely to incite or produce such action. In the 1957 case ''Yates v. United States'', Justice John Marshall Harlan II ruled that only advocacy that constituted an "effort to instigate action" was punishable. In the 1969 case ''Brandenburg v. Ohio'', the U.S. Supreme Court ruled that a statute that punishes mere advocacy and forbids, on pain of criminal punishment, assembly with others merely to advocate the described type of action, falls within the condemnation of the First and Fourteenth Amendments. Justice Louis Brandeis argued in ''Whitney v. California ''Whitney v. California'', 274 U.S. 357 (1927), was a United States Supreme Court decision upholding the conviction of an individual who had engaged in speech that raised a threat to society. ''Whitney'' was explicitly overruled by ''Brandenburg v. ...'' that ...
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Landmark Communications V
A landmark is a recognizable natural or artificial feature used for navigation, a feature that stands out from its near environment and is often visible from long distances. In modern use, the term can also be applied to smaller structures or features, that have become local or national symbols. Etymology In old English the word ''landmearc'' (from ''land'' + ''mearc'' (mark)) was used to describe a boundary marker, an "object set up to mark the boundaries of a kingdom, estate, etc.". Starting from approx. 1560, this understanding of landmark was replaced by a more general one. A landmark became a "conspicuous object in a landscape". A ''landmark'' literally meant a geographic feature used by explorers and others to find their way back or through an area. For example, the Table Mountain near Cape Town, South Africa is used as the landmark to help sailors to navigate around southern tip of Africa during the Age of Exploration. Artificial structures are also sometimes built to a ...
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Freedom Of Assembly
Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ideas. The right to freedom of association is recognized as a human right, a political right and a civil liberty. The terms ''freedom of assembly'' and ''freedom of association'' may be used to distinguish between the freedom to assemble in public places and the freedom to join an association. Freedom of assembly is often used in the context of the right to protest, while freedom of association is used in the context of labor rights and in the Constitution of the United States is interpreted to mean both the freedom to assemble and the freedom to join an association. Human rights instruments Freedom of assembly is included in, among others, the following human rights instruments: * Universal Declaration of Human Rights – Article 20 * Inte ...
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First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with ''Gitlow v. New York'' (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In '' Everson v. Board of Education'' (1947), the Court drew on Thomas ...
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Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, ...
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Hugo L
Hugo or HUGO may refer to: Arts and entertainment * ''Hugo'' (film), a 2011 film directed by Martin Scorsese * Hugo Award, a science fiction and fantasy award named after Hugo Gernsback * Hugo (franchise), a children's media franchise based on a troll ** ''Hugo'' (game show), a television show that first ran from 1990 to 1995 ** ''Hugo'' (video game), several video games released between 1991 and 2000 * ''Hugo'' (stylised as ''hugo''), a 2022 album by British rapper Loyle Carner People and fictional characters * Victor Hugo, a French poet, novelist, and dramatist of the Romantic movement. * Hugo (name), including lists of people with Hugo as a given name or surname, as well as fictional characters * Hugo (musician), Thai-American actor and singer-songwriter Chulachak Chakrabongse (born 1981) Places in the United States * Hugo, Alabama, an unincorporated community * Hugo, Colorado, a Statutory Town * Hugo, Minnesota, a town * Hugo, Missouri, an unincorporated community * Hu ...
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