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20 Cards in this Set
- Front
- Back
What was the Sedition Act of 1798?
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Can't say anything criticizing govt including the President and Congress but not the VP.
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What was Gitlow v. NY?
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Court case in 1925 that charged Gitlow with printing magazines against NY govt. Argued that states, like congress, couldn't abridge free speech in accordance w/ the 14th Amendment.
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What was John Milton's Attainment of Truth?
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1. must hear all sides
2. true opinions are strenthened in conflict w/opposite opinion 3. meaning of true opinion is established in debate 4. instead of true & false opinions can be in between. |
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Who was Alexander Meikeklejohn?
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Philosopher who wrote speech that contributes to the "the business of government" should be absolutely protected. Changed his beliefs in 1960 to the idea that Political Speech us most protected.
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What is political speech?
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Speech about elections, politics, education, philosophy, science, literature, the arts, and public issues.
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What did Vincent Blasi believe about checks on govt power?
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That the purpose of freedom of expression is to keep a check on the abuses of govt authority.
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What is the fourth estate arguement?
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That the media has the obligation to expose political corruption by scrutinizing govt operations, and it can not do that without freedom of expression.
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What were John Locke's beliefs on self fufillment?
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That freedom of expression is a fundamental good. We see this in the theory of natural rights which maintains that everyone has liberty of expression.
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What are some English laws that impacted American law?
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The devine right of monarchs
The Church of England The system of lisencing The concept of sedition |
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Why was the British monarch allowed to establish control over the press?
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Because they believed that God chose the King and therefore he and the church could not be criticized.
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What was the English system of lisencing?
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That all newspapers, magazines etc. had to be lisenced in order to be able to print.
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What was seditious libel?
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Criticism of the government when it's not permitted. An act punished by Parliament.
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What was John Milton's "Aereopagita"?
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An essay written in 1644 against the government and their policy against getting a divorce. Believed that if truth and false were in the same field truth would always win.
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Who was John Locke?
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Philosopher who gave us freedom of speech. Believed everyone has personal rights including life, libery(freedom of speech), and property.
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Who was Cato?
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Two English writers/philosophers that believed that liberty of expression was a strong foundation of a democratic society.
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What was John Peter Zenger charged with?
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Publishing a story in his newspaper that was critical of the governor of NY.
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What happened in the John Peter Zenger case?
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Alexander Hamilton argued that since what Zenger published was truthful he was innocent. Jury ruled in favor of Zenger.
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Who was William Blackstone?
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He wrote the meaning of freedom of the press. There should be no prior restraints on the press, but if the govt finds it offensive you can be punished.
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What does sequestering the jury mean?
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To choose jurors in a judge's chambers to prevent publicity.
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What is the 1st Amendment?
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Congress shall make no law abridging freedom of speech or of the press.
Adapted in 1791 |