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Clear And Present Danger
Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly. The test was replaced in 1969 with ''Brandenburg v. Ohio''s "imminent lawless action" test. History Before the 20th century, most restrictions on free speech issues in the United States were imposed to prevent certain types of speech. Although certain kinds of speech continue to be prohibited in advance, dangerous speech started to be punished after the fact in the early 1900s, at a time when US courts primarily relied on a doctrine known as the '' bad tendency test''.Rabban, pp 132–134, 190–199. Rooted in English common law, the test permitted speech to be outlawed if it had a tendency to harm public welfare. Antiwar protests during World War I gave rise to several important free speech cases related to sedition and inciting violence. In the 1919 case '' Sche ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oliver Wendell Holmes Jr Circa 1930-edit
Oliver may refer to: Arts, entertainment and literature Books * ''Oliver the Western Engine'', volume 24 in ''The Railway Series'' by Rev. W. Awdry * ''Oliver Twist'', a novel by Charles Dickens Fictional characters * Ariadne Oliver, in the novels of Agatha Christie * Oliver (Disney character) * Oliver Fish, a gay police officer on the American soap opera ''One Life to Live'' * Oliver Hampton, in the American television series ''How to Get Away with Murder'' * Oliver Jones (''The Bold and the Beautiful''), on the American soap opera ''The Bold and the Beautiful'' * Oliver Lightload, in the movie ''Cars'' * Oliver Oken, from ''Hannah Montana'' * Oliver (paladin), a paladin featured in the Matter of France * Oliver Queen, DC Comic book hero also known as the Green Arrow * Oliver (Thomas and Friends character), a locomotive in the Thomas and Friends franchise * Oliver Trask, a controversial minor character from the first season of ''The O.C.'' * Oliver Twist (cha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stromberg V
Stromberg, Strömberg, Strømberg, Stroemberg, or ''variant'' may refer to: Places Germany * Stromberg, Oelde, a town in Oelde * Stromberg (landscape), a region in Baden-Württemberg ** Stromberg-Heuchelberg Nature Park * Stromberg (Siebengebirge), a mountain peak now better known as Petersberg * Stromberg (Verbandsgemeinde), a collective municipality in the district of Bad Kreuznach in Rheinland-Pfalz ** Stromberg (Hunsrück), a town and the seat of the collective municipality People * Stromberg (surname), people with the surname of any spelling variant Corporate * Stromberg, a carburetor brand name used by Zenith Carburetters and by Bendix Corporation * Strömberg (company), a Finnish manufacturer of electronic products * Stromberg Guitars, an American company producing guitars, mainly for jazz musicians, between 1906 and 1955 * Stromberg-Carlson, an American manufacturer of telephone equipment, radios and television * Stromberg-Voisinet, manufacturer of musical instrum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Learned Hand
Billings Learned Hand ( ; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 and as a federal appellate judge on the U.S. Court of Appeals for the Second Circuit from 1924 to 1951. Born and raised in Albany, New York, Hand majored in philosophy at Harvard College and graduated with honors from Harvard Law School. After a relatively undistinguished career as a lawyer in Albany and New York City, he was appointed at the age of 37 as a federal district judge in Manhattan in 1909. The profession suited his detached and open-minded temperament, and his decisions soon won him a reputation for craftsmanship and authority. Between 1909 and 1914, under the influence of Herbert Croly's social theories, Hand supported New Nationalism. He ran unsuccessfully as the Progressive Party's candidate for chief judge of the New Y ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Balancing Test
A balancing test is any judicial test in which the jurists weigh the importance of multiple factors in a legal case. Proponents of such legal tests argue that they allow a deeper consideration of complex issues than a bright-line rule can allow. But critics say that such tests can be used to justify any conclusion, upon which the judge might arbitrarily decide. In the United States, many legal issues, which had previously been considered settled by the imposition of bright-line tests through Supreme Court precedents have been replaced by balancing tests in recent years. Referring to evidence When referring to evidence presented at a trial, the balancing test ''allows'' the court to exclude relevant evidence if its "probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence." This means that if a particular piece of evi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Communications Association V
American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the " United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, people who self-identify their ancestry as "American" ** American English, the set of varieties of the English language native to the United States ** Native Americans in the United States, indigenous peoples of the United States * American, something of, from, or related to the Americas, also known as "America" ** Indigenous peoples of the Americas * American (word), for analysis and history of the meanings in various contexts Organizations * American Airlines, U.S.-based airline headquartered in Fort Worth, Texas * American Athletic Conference, an American college athletic conference * American Recordings (record label), a record label previously known as Def American * American University, in Washington, D.C. Sports teams Soc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dennis V
Dennis or Denis is a first or last name from the Greco-Roman name Dionysius, via one of the Christian saints named Dionysius. The name came from Dionysus, the Greek god of ecstatic states, particularly those produced by wine, which is sometimes said to be derived from the Greek Dios (Διός, "of Zeus") and Nysos or Nysa (Νῦσα), where the young god was raised. Dionysus (or Dionysos; also known as Bacchus in Roman mythology and associated with the Italic Liber), the Thracian god of wine, represents not only the intoxicating power of wine, but also its social and beneficent influences. He is viewed as the promoter of civilization, a lawgiver, and lover of peace—as well as the patron deity of both agriculture and the theater. Dionysus is a god of mystery religious rites, such as those practiced in honor of Demeter and Persephone at Eleusis near Athens. In the Thracian mysteries, he wears the "bassaris" or fox-skin, symbolizing new life. (See also Maenads.) A mediaeval ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oral Argument In The United States
Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when summary judgment may lie because there are no factual issues in dispute. Oral argument operates by each party in a case taking turns to speak directly to the judge or judges with an equal amount of time allotted to each. A party may often reserve part of their time to be used for rebuttal after their adversary has presented. Presenting lawyers usually cannot simply make speeches or read their briefs when presenting oral argument to an appeal court. Unlike trial court procedure, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fred M Vinson
Frederick "Fred" Moore Vinson (January 22, 1890 – September 8, 1953) was an American attorney and politician who served as the 13th chief justice of the United States from 1946 until his death in 1953. Vinson was one of the few Americans to have served in all three branches of the U.S. government. Before becoming chief justice, Vinson served as a U.S. Representative from Kentucky from 1924 to 1928 and 1930 to 1938, as a federal appellate judge on the U.S. Court of Appeals for the District of Columbia Circuit from 1938 to 1943, and as the U.S. Secretary of the Treasury from 1945 to 1946. Born in Louisa, Kentucky, Vinson pursued a legal career and served in the U.S. Army during World War I. After the war, he served as the Commonwealth's Attorney for the Thirty-Second Judicial District of Kentucky before winning election to the U.S. House of Representatives in 1924. He lost re-election in 1928 but regained his seat in 1930 and served in Congress until 1937. During his time ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William O
William is a masculine given name of Norman French origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will, Wills, Willy, Willie, Liam, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the German given name ''Wilhelm''. Both ultimately descend from Proto-Germanic ''*Wiljahelmaz'', with a direct cognate also in the Old Norse name ''Vilhjalmr'' and a West Germanic borrowing into Medieval Latin ''Willelmus''. The Proto-Germa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Terminiello V
''Terminiello v. City of Chicago'', 337 U.S. 1 (1949), was a case in which the Supreme Court of the United States held that a "breach of peace" ordinance of the City of Chicago that banned speech that "stirs the public to anger, invites dispute, brings about a condition of unrest, or creates a disturbance" was unconstitutional under the First and Fourteenth Amendments to the United States Constitution.. Background Arthur Terminiello, a Catholic priest under suspension, gave a speech to the Christian Veterans of America in which he criticized various racial groups and made a number of inflammatory comments. There were approximately 800 people present in the auditorium during the speech and a crowd of approximately 1,000 people outside, protesting the speech. The Chicago Police Department was present, but was unable to maintain order completely. Terminiello was later assessed a fine of 100 dollars for violation of Chicago's breach of peace ordinance, which he appealed. Both t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chaplinsky V
''Chaplinsky v. New Hampshire'', 315 U.S. 568 (1942), was a landmark decision of the US Supreme Court in which the Court articulated the fighting words doctrine, a limitation of the First Amendment's guarantee of freedom of speech. Background On April 6, 1940, Walter Chaplinsky, a Jehovah's Witness, was using the public sidewalk as a pulpit in downtown Rochester, passing out pamphlets and calling organized religion a "racket". After a large crowd had begun blocking the roads and generally causing a scene, a police officer removed Chaplinsky to take him to police headquarters. Upon seeing the town marshal (who had returned to the scene after warning Chaplinsky earlier to keep it down and avoid causing a commotion), Chaplinsky attacked the marshal verbally. He was then arrested. The complaint against Chaplinsky stated that he shouted: "You are a God-damned racketeer" and "a damned Fascist". Chaplinsky admitted that he said the words charged in the complaint, with the exception of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Feiner V
The surname Feiner may refer to: *Irving Feiner, plaintiff in Feiner v. New York *Leon Feiner, Polish-Jewish lawyer, political activist * Michael Feiner, Swedish musician * Steven K. Feiner, American computer scientist * William Feiner, German Jesuit missionary *Yehiel Feiner, birth name of Yehiel De-Nur Yehiel De-Nur (; ''De-Nur'' means 'of the fire' in Aramaic; also Romanized ''Dinoor, Di-Nur''), also known by his pen name Ka-Tsetnik 135633, born Yehiel Feiner (16 May 1909 – 17 July 2001), was a Jewish writer and Holocaust survivor, whose boo ..., Jewish writer, Holocaust survivor See also * {{surname, Feiner German-language surnames Yiddish-language surnames ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
