Bad Tendency (legal)
In United States 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 ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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United States Law
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Socialist
Socialism is an economic ideology, economic and political philosophy encompassing diverse Economic system, economic and social systems characterised by social ownership of the means of production, as opposed to private ownership. It describes the Economic ideology, economic, Political philosophy, political, and Social theory, social theories and Political movement, movements associated with the implementation of such systems. Social ownership can take various forms, including State ownership, public, Community ownership, community, Collective ownership, collective, cooperative, or Employee stock ownership, employee.: "Just as private ownership defines capitalism, social ownership defines socialism. The essential characteristic of socialism in theory is that it destroys social hierarchies, and therefore leads to a politically and economically egalitarian society. Two closely related consequences follow. First, every individual is entitled to an equal ownership share that earns an ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Freedom Of Expression
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 rights, right to freedom of expression has been recognised as a Human rights, human right in the Universal Declaration of Human Rights and international human rights law. 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, re ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Zechariah Chafee
Zechariah Chafee Jr. (December 7, 1885 – February 8, 1957) was an American judicial philosopher and civil rights advocate, described as "possibly the most important First Amendment scholar of the first half of the twentieth century" by Richard Primus. Chafee's avid defense of freedom of speech led to Senator Joseph McCarthy calling him "dangerous" to America. Biography Chafee was born in Providence, Rhode Island, and graduated from Brown University, where he was a member of Alpha Delta Phi, in 1907. Later, he received a law degree from Harvard University, completing his LL.B. in 1913. He was influenced by the theories of sociological jurisprudence presented by Roscoe Pound and others at Harvard. He met Harold J. Laski, a political scientist and the later Chairman of the British Labour Party, who became a lifelong friend. He practiced at the law firm of Tillinghast & Collins from 1913 to 1916. Chafee joined Harvard Law School as an assistant professor at Harvard Law Sc ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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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): ( 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 enemies of the United States 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 were: Austrian-American socialist congressman and newspaper ed ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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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 by ''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 Supreme Court provided later clarification in '' Hess v. Indiana'' (1973), which found that Hess's words were protected under "his rights to free speech",''Hess v. ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Brandenburg V
Brandenburg, officially the State of Brandenburg, is a States of Germany, state in northeastern Germany. Brandenburg borders Poland and the states of Berlin, Mecklenburg-Vorpommern, Lower Saxony, Saxony-Anhalt, and Saxony. It is the List of German states by area, fifth-largest German state by area and the List of German states by population, tenth-most populous, with 2.5 million residents. Potsdam is the state capital and largest city. Other major towns are Cottbus, Brandenburg an der Havel and Frankfurt (Oder). Brandenburg surrounds the national capital and city-state of Berlin. Together they form the Berlin/Brandenburg Metropolitan Region, the third-largest Metropolitan regions in Germany, metropolitan area in Germany. There was Fusion of Berlin and Brandenburg#1996 fusion attempt, an unsuccessful attempt to unify both states in 1996, however the states still cooperate on many matters. Brandenburg originated in the Northern March in the 900s AD, from areas conquered from the ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Communist Party USA
The Communist Party USA (CPUSA), officially the Communist Party of the United States of America, also referred to as the American Communist Party mainly during the 20th century, is a communist party in the United States. It was established in 1919 in the wake of the Russian Revolution, emerging from the far-left wing of the Socialist Party of America (SPA). The CPUSA sought to establish socialism in the U.S. via the principles of Marxism–Leninism, aligning itself with the Communist International (Comintern), which was controlled by the Soviet Union. The CPUSA's early years were marked by factional struggles and clandestine activities. The U.S. government viewed the party as a subversive threat, leading to mass arrests and deportations in the Palmer Raids of 1919–1920. Despite this, the CPUSA expanded its influence, particularly among industrial workers, immigrants, and African Americans. In the 1920s, the party remained a small but militant force. During the Great Depres ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Whitney V
Whitney or Whittney 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'' (album), an album by Whitney Houston * Whitney (band), an American rock band * "Whitney", by Lil Pump from '' Lil Pump'', 2017 * "Whitney", by Rêve from '' Saturn Return'', 2022 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 ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Anarchist
Anarchism is a political philosophy and Political movement, movement that seeks to abolish all institutions that perpetuate authority, coercion, or Social hierarchy, hierarchy, primarily targeting the state (polity), state and capitalism. Anarchism advocates for the replacement of the state with Stateless society, stateless societies and voluntary Free association (communism and anarchism), free associations. A historically left-wing movement, anarchism is usually described as the libertarian wing of the socialist movement (libertarian socialism). Although traces of anarchist ideas are found all throughout history, modern anarchism emerged from the Age of Enlightenment, Enlightenment. During the latter half of the 19th and the first decades of the 20th century, the anarchist movement flourished in most parts of the world and had a significant role in Labour movement, workers' struggles for emancipation. #Schools of thought, Various anarchist schools of thought formed during ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Test (law)
In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence. In the context of a trial, a hearing, discovery, or other kinds of legal proceedings, the resolution of certain questions of fact or law may hinge on the application of one or more legal tests. Tests are often formulated from the logical analysis of a judicial decision or a court order where it appears that a finder of fact or the court made a particular decision after contemplating a well-defined set of circumstances. It is assumed that evaluating any given set of circumstances under a legal test will lead to an unambiguous and repeatable result. Kinds of legal tests * Bright-line rule * Balancing test International law * Berne three-step test * Habitual residence test * ''Caroline'' test Common law * "But-for" test Canada * ''Andrews'' test * Air of reality test (see alsR v Fontaine * Assumed Jurisdiction test *Central management and control test * ''Collins'' Tes ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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General Strike
A general strike is 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 each other's negotiations, they all have a material interest in maintaining and strengthening the collective efficacy of strikes as ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |