How does the clear and present danger test operate, and what is its current relevance to the ...

(Ans. #1)

An ideal response will:
1, Discuss how Justice Holmes argued that government could only restrict speech that presented a clear and present danger.
2, Explain how the meaning of the clear and present danger language was debated in the years that followed and that Holmes himself argued that the Court had interpreted it too broadly.
3, Note that the clear and present danger test was modified and essentially replaced by the imminent lawless action standard from Brandenburg v. Ohio (1969).

(Ans. #2)

d

(Ans. #3)

An ideal response will:
1, Recognize the periodic concern about freedom of expression and its threat to national defense and security, especially in times of war.
2, Discuss how Congress has sought to suppress speech throughout American history by pointing to national security or defense, including the Sedition Act of 1798, restrictions during the Civil War, censorship of dissent and protest during WWI, and the House Un-American Activities Committee in the wake of WWII.

(Ans. #4)

b

(Ans. #5)

An ideal response will:
1, Recall the basic history of how detainees ended up at Guantanamo Bay, Cuba.
2, Explain how enemy combatants lack basic civil liberties.
3, Discuss whether those limits have led to abuse.
4, Explain the ruling in Hamdi v. Rumsfeld (2004) as it relates to this issue.

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