Monday, February 11, 2008

Two Other Cases

b. Whitney v. California.
Facts of the case - "decision upholding the conviction of an individual who had engaged in speech that raised a threat to society...Anita Whitney, a member of a distinguished California family, was convicted under the state's 1919 Criminal Syndicalism Act for allegedly helping to establish the Communist Labor Party, a group the state charged was devoted to teaching the violent overthrow of government. Whitney claimed that it had not been her intention, nor that of other organizers, that the party become an instrument of violence." (Wikipedia).
Issue of Law - The conviction was upheld.
Quote - "Men feared witches and burnt women." p86


c. Near v. Minnesota.
Facts of the case -"was a United States Supreme Court decision that recognized the freedom of the press from prior restraints on publication, a principle that was applied to free speech generally in subsequent jurisprudence. The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution (as applied through the Fourteenth Amendment)." (Wikipedia).
Issue of Law - The court decided censorship is unconstitutional.
Quote - "Some degree of abuse is inseparable from the proper use of everything...and in no instance is this more true than in that of the press." p 93.

No comments: