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Bad Tendency
In U.S. law, the bad tendency principle was a test that permitted restriction of freedom of speech by government if it is believed that a form of speech has a sole tendency to incite or cause illegal activity. The principle, formulated in '' Patterson v. Colorado'', (1907) was seemingly overturned with the "clear and present danger" principle used in the landmark case ''Schenck v. United States'' (1919), as stated by Justice Oliver Wendell Holmes, Jr. Yet eight months later, at the start of the next term in ''Abrams v. United States'' (1919) the Court again used the bad tendency test to uphold the conviction of a Russian immigrant who published and distributed leaflets calling for a general strike and otherwise advocated revolutionary, anarchist, and socialist views. Holmes dissented in ''Abrams'', explaining how the ''clear and present danger test'' should be employed to overturn Abrams' conviction. The re-emergence of the bad tendency test resulted in a string of cases after ''Abra ...
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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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Patterson V
Patterson may refer to: People * Patterson (surname) Places ;Canada *Pattersons Corners, Ontario *Patterson Township, Ontario *Patterson, Calgary a neighbourhood in Calgary, Alberta. ;United States of America * Patterson, Arkansas *Patterson, California *Patterson, California, former name of Trigo, Madera County, California *Patterson, California, former name of Cherokee, Nevada County, California * Patterson, Georgia * Patterson, Idaho * Patterson, Iowa *Patterson, Louisiana * Patterson, Missouri * Patterson, New Mexico *Patterson, New York * Patterson, Ohio *Lake Patterson, a lake in Minnesota *Patterson Springs, North Carolina * Patterson Heights, Pennsylvania * Patterson Tract, California Other uses * ''Bob Patterson'' (TV series), American sitcom * C.R. Patterson and Sons, American car manufacturer from 1915 until 1939. * ''Patterson'' (radio series), British radio series by Malcolm Bradbury * Patterson Companies, a medical supplies conglomerate based in Minnesota * Patter ...
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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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Schenck V
Jewish (Ashkenazic) and German occupational surname derived from ''schenken'' (to pour out or serve) referring to the medieval profession of cup-bearer or wine server (later also to tavern keeper). At one time only Jews were allowed to sell alcohol in the Russian empire, which is why Shenk (Russian) and its later surname variants are very common.http://www.ancestry.com/name-origin?te=5&surname=schenk People with this surname include: People * Adolph Schenck (1803–1878), German teacher and entomologist * Aubrey Schenck (1908–1999), film producer * August Friedrich Schenck (1828–1901), German painter * Carl Alwyn Schenck (1868–1955), German pioneer of forestry in the USA and Europe * Carl Schenck (1835–1910), German mercantilist and founder of the Carl Schenck Eisengießerei & Waagenfabrik * Charles Schenck, American socialist * Ernst-Günther Schenck (1904–1998), German doctor * Ferdinand Schureman Schenck (1790–1860), American physician and politician * Frederik ...
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Oliver Wendell Holmes, Jr
Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist and legal scholar who served as an associate justice of the Supreme Court of the United States from 1902 to 1932.Holmes was Acting Chief Justice of the United States in February 1930. He is one of the most widely cited U.S. Supreme Court justices and most influential American common law judges in history, noted for his long service, pithy opinions—particularly those on civil liberties and American constitutional democracy—and deference to the decisions of elected legislatures. Holmes retired from the court at the age of 90, an unbeaten record for oldest justice on the Supreme Court.John Paul Stevens was only 8 months younger when he retired on April 12, 2010. He previously served as a Brevet Colonel in the American Civil War, in which he was wounded three times, as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his alm ...
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Abrams V
Abrams may refer to: * Abrams (surname), a list of notable people with the surname * '' Abrams v. United States'', 250 U.S. 616 (1919), U.S. Supreme Court decision regarding free speech during times of war * M1 Abrams, main battle tank * Abrams, Wisconsin, U.S. town * Abrams (community), Wisconsin, US unincorporated community * Abrams Air Craft Corporation, aircraft manufacturer in the United States * Abrams Books, U.S. publishing house * ''Abrams Discoveries'', a non-fiction book series published by Harry N. Abrams See also * Abram (other) * Abramson (surname) Abramson is a variation of a patronymic surname, meaning "son of Abram (or Abraham)", the Biblical figure. It is most prevalent among American Jews. People named "Abramson" include: * Abraham Abramson (1752 or 1754–1811), Prussian coiner * ... * Abrahams (surname) {{Disambiguation ...
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General Strike
A general strike refers to a strike action in which participants cease all economic activity, such as working, to strengthen the bargaining position of a trade union or achieve a common social or political goal. They are organised by large coalitions of political, social, and labour organizations and may also include rallies, marches, boycotts, civil disobedience, non-payment of taxes, and other forms of direct or indirect action. Additionally, general strikes might exclude care workers, such as teachers, doctors, and nurses. Historically, the term general strike has referred primarily to solidarity action, which is a multi-sector strike that is organised by trade unions who strike together in order to force pressure on employers to begin negotiations or offer more favourable terms to the strikers; though not all strikers may have a material interest in the negotiations, they all have a material interest in maintaining and strengthening the collective efficacy of strikes as a ...
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Whitney V
Whitney may refer to: Film and television * ''Whitney'' (2015 film), a Whitney Houston biopic starring Yaya DaCosta * ''Whitney'' (2018 film), a documentary about Whitney Houston * ''Whitney'' (TV series), an American sitcom that premiered in 2011 Firearms *Whitney Wolverine, a semi-automatic, .22 LR caliber pistol *Whitney revolver, a gun carried by Powell when he attempted to assassinate Secretary of State William Seward Music * Whitney Houston, sometimes eponymously known as 'Whitney' ** ''Whitney'' (album), an album by Whitney Houston * Whitney (band), an American rock band Places Canada * Whitney, Ontario United Kingdom * Witney, Oxfordshire ** Witney (UK Parliament constituency), a constituency for the House of Commons * Whitney-on-Wye, Herefordshire United States * Whitney, Alabama * Whitney, California, a community in Placer County * Whitney, California, former name of Lone Pine Station, California * Whitney, Idaho * Whitney, Maine * Whitney, Michigan * Whit ...
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Communist Party USA
The Communist Party USA, officially the Communist Party of the United States of America (CPUSA), is a communist party in the United States which was established in 1919 after a split in the Socialist Party of America following the Russian Revolution. The history of the CPUSA is closely related to the history of the Communists in the United States Labor Movement (1919–37), American labor movement and the history of communist parties worldwide. Initially operating underground due to the Palmer Raids which started during the First Red Scare, the party was influential in Politics of the United States, American politics in the first half of the 20th century and it also played a prominent role in the history of the labor movement from the 1920s through the 1940s, becoming known for Anti-racism, opposing racism and Racial segregation in the United States, racial segregation after sponsoring the defense for the Scottsboro Boys in 1931. Its membership increased during the Great Depres ...
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Brandenburg V
Brandenburg (; nds, Brannenborg; dsb, Bramborska ) is a state in the northeast of Germany bordering the states of Mecklenburg-Vorpommern, Lower Saxony, Saxony-Anhalt, and Saxony, as well as the country of Poland. With an area of 29,480 square kilometres (11,382 square miles) and a population of 2.5 million residents, it is the fifth-largest German state by area and the tenth-most populous. Potsdam is the state capital and largest city, and other major towns are Cottbus, Brandenburg an der Havel and Frankfurt (Oder). Brandenburg surrounds the national capital and city-state of Berlin, and together they form the Berlin/Brandenburg Metropolitan Region, the third-largest metropolitan area in Germany with a total population of about 6.2 million. There was an unsuccessful attempt to unify both states in 1996 and the states cooperate on many matters to this day. Brandenburg originated in the Northern March in the 900s AD, from areas conquered from the Wends. It later became th ...
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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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Espionage Act Of 1917
The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code (War & National Defense) but is now found under Title 18 (Crime & Criminal Procedure). Specifically, it is ( et seq.) It was intended to prohibit interference with military operations or recruitment, to prevent insubordination in the military, and to prevent the support of United States enemies during wartime. In 1919, the Supreme Court of the United States unanimously ruled through '' Schenck v. United States'' that the act did not violate the freedom of speech of those convicted under its provisions. The constitutionality of the law, its relationship to free speech, and the meaning of its language have been contested in court ever since. Among those charged with offenses under the Act are German-American socialist congressman and newspaper ...
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