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Specific individual rights that are constitutionally protected against infringement by government (they protect us from the government) |
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Enacted in 1791 to Restrict the scope of government. |
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They are constantly fluctuating between personal freedom and personal safety. |
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Complex and political, they depend upon interpretation. |
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"The question in every case is whether the words used are used in such a nature as to create a CLEAR and PRESENT DANGER." |
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Justice Holmes in: Schenck V US |
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Who said, "The character of every act depends on the circumstances." |
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_____________ specify certain rights of life, liberty and property that the National government is obliged to protect. |
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In addition to the "Clear and Present Danger" test, The court also began to use the "Dangerous Tendency" test in what case? |
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Which amendment is applied to the INCORPORATION DOCTRINE? |
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The 14th amendment "due process" clause allows the Bill of Rights to apply to state and federal laws. |
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The Supreme court added a new test to the "Clear and Present Danger" test and stopped using... |
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The Supreme Court began to define unprotected speech as: that which is likely to produce ____________________. |
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