Civil Liberties II

An order to produce an arrested person before a judge.

First test on protected/unprotected speech

Schenck established this

"Whether the gravity of evil, discounted by its improbability, justifies such invasion of free speech as a necessary to avoid danger" most restrictive on citizens

an imposing barrier to any government attempt to restrict speech; most restrictive on government

Allows limits to speech based on the "clear and present danger" principle; WWI

Incorporated right to free speech to the states [Free Speech];

This case expanded the scope of political speech unless it is linked to immediate lawless behavior; imminent lawless action test

Freedom of Religion, Speech, Press, Assembly, and Petition

incorporation of rights on a case-by-case basis

Bill of Rights does not apply to the states; rejected total incorporation

speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and it is "likely to incite or produce such action."