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- Xref: sparky misc.legal:23280 alt.censorship:10105 alt.society.civil-liberty:7518 alt.politics.usa.constitution:1568
- Newsgroups: misc.legal,alt.censorship,alt.society.civil-liberty,alt.politics.usa.constitution
- Path: sparky!uunet!scifi!watson!strom
- From: strom@watson.ibm.com (Rob Strom)
- Subject: Re: Shouting "Movie!" at a Fire Station (Schenck v US)
- Sender: @watson.ibm.com
- Message-ID: <1993Jan25.190213.20512@watson.ibm.com>
- Date: Mon, 25 Jan 93 19:02:13 GMT
- Distribution: usa
- References: <1993Jan20.143807.4762@eff.org> <1993Jan21.035728.25466@ucsu.Colorado.EDU> <1993Jan21.113050.24209@eff.org> <1993Jan22.011520.9966@ucsu.Colorado.EDU>
- Organization: IBM T.J. Watson Research Center
- Lines: 27
-
- In article <1993Jan22.011520.9966@ucsu.Colorado.EDU>, fcrary@ucsu.Colorado.EDU (Frank Crary) writes:
- |> ...You have been debating a
- |> good example of this receintly: Justice Homes "Clear and Present
- |> Danger" test for freedom of speach. When he first proposed
- |> it, it appeared to adaquately protect free expression of ideas.
-
- I still don't understand this.
-
- It seems to me that the majority misapplied this test
- in the very first case --- the Schenck case. How did
- the CPD test protect Schenck's free expression of ideas?
-
- Can someone explain to me very slowly how the
- CPD test, applied to the facts of the Schenck
- case, yielded the decision that Holmes actually took?
- That is, how was Schenck's activity a Clear and Present Danger?
-
- I'm not a lawyer or legal scholar, but every time
- I read about the history of these First Amendment
- cases, it appears to me that there was nothing
- wrong with the CPD test. The Court simply misapplied
- its own test in judging Schenck. Later courts simply changed the
- test rather than admit the original test was misapplied.
-
- --
- Rob Strom, strom@watson.ibm.com, (914) 784-7641
- IBM Research, 30 Saw Mill River Road, P.O. Box 704, Yorktown Heights, NY 10598
-