[考古] 98年度第1學期 美國憲法A組 林世宗 期中考
1. What is the meaning of “clear and present danger” as
used by Justice Holmes in Schenck?
2. Why Justice Holmes' dissenting in Abrams stated “Congress
certainly cannot forbid all effort to change the mind of
the country”?
3. What are the reasons why Justice Sanford used the “bad
tendency”test to punish utterances?
4. Why Justice Brandeis’ concurring in Whitney insisted
the clear and present danger test instead of the bad
tendency test?
5. What is the principle for the constitutional guarantees
of free speech in Brandenburg v. Ohio?
6. Cohen was observed in the corridor outside of the Courthouse
wearing a jacket bearing the words “Fuck the Draft” and was
convicted of disturbing the peace or quiet of person by
offensive conduct. Why the Court held that the “fighting words”
doctrine should not be applied against Cohen?
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※ 編輯: houz 來自: 218.161.123.96 (01/17 22:18)