AccessMyLibrary provides FREE access to over 30 million articles from top publications available through your library.

How Free Should Speech Be In Era Of War On Terrorists?(ISSUES & INSIGHTS)(Q & A)

Investor's Business Daily

| May 01, 2003 | Miklofsky, Michael | COPYRIGHT 2003 Investor's Business Daily, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Byline: MICHAEL MIKLOFSKY

You can call for the overthrow of the government, and nobody can touch you until you create a "clear and present danger."

But 9-11 has some people wondering whether the Supreme Court's "clear and present danger" rule is a mistake.

David Lowenthal says the high court has gone too far in protecting subversive speech. He'd like to see protections narrowed so the government can go after potential threats before it's too late.

Lowenthal is a professor emeritus at Boston College and a student of the influential, late philosopher Leo Strauss. He talked with IBD about his new book, "Present Dangers: Rediscovering the First Amendment."

IBD: How has the First Amendment changed since ratification?

Lowenthal: The Supreme Court in the course of the 20th century -- starting in the …

Related articles from newspapers, magazines, journals, and more
The high court ignores challenges to First Amendment. (Supreme Court)
Magazine article from: The Quill Sanford, Bruce W. July 1, 1989 700+ words
...the Tennessee Supreme Court so that it could...The Tennessee Supreme Court, in announcing...clear and present danger" test, while...clear and present danger" or a "serious...the Tennessee Supreme Court: "When a lawyer...
Supreme Court sets up fall showdown on abortion.
News wire article from: The America's Intelligence Wire February 21, 2006 700+ words
...GINA HOLLAND The Supreme Court said Tuesday it would...A much more liberal Supreme Court found in 1973 that...Wade is in clear and present danger," said Nancy Keenan...woman's health. The Supreme Court recently dealt with...
Foreshadows of the Law: Supreme Court Dissents and Constitutional Development.
Magazine article from: American Political Science Review Tarr, Alan G. December 1, 1993 700+ words
...an overview of important Supreme Court rulings and the context...jurisprudential developments on the Supreme Court. If he is only asserting...acceptance of the clear-and-present-danger test can be attributed to...is likewise vindicated in Supreme Court rulings upholding ...
Missouri Supreme Court Decisions: February 19, 2007.
Newspaper article from: Missouri Lawyers Weekly February 19, 2007 700+ words
...finding that an SVP is a present danger, and its provision...55412) (39 pages) (Supreme Court of Missouri, Price...finding that an SVP is a present danger, and its provision...55410) (14 pages) (Supreme Court of Missouri, Price...
Hope for civil rights: plaintiffs are starting to feel the effects of the...
Magazine article from: Trial Jones, Craig T. April 1, 2004 700+ words
...first introduced by the Supreme Court in 1967, (7) its...reexamined Occasionally the Supreme Court has the opportunity...pose such a clear and present danger as to justify the need...States v. Lanier, the Supreme Court had rejected the Sixth...
Supreme Court Suspends Judge.
Newspaper article from: Albuquerque Journal (Albuquerque, NM) November 30, 2001 700+ words
...Improperly Used Office The New Mexico Supreme Court on Thursday temporarily suspended...on disciplinary action to the Supreme Court. Justice Gene Franchini, a...conduct, which created a clear and present danger to others," the petition says...
Supreme Court to Hear Arguments in 'Virtual' Child Porn Case.
Press release article from: PR Newswire October 29, 2001 700+ words
...On Tuesday, the U.S. Supreme Court will hear arguments in a case...Council's amicus brief to the Supreme Court, co- authored by FRC's Senior...counterfeit child porn is a clear and present danger to children because such realistic...
Justices skeptical about must carry. (Supreme Court, must-carry provisions of...
Magazine article from: Broadcasting & Cable McAvoy, Kim January 17, 1994 700+ words
...carry made its way to the U.S. Supreme Court last week. And based on the...agreed that trying to predict a Supreme Court ruling based on last Wednesday...that there was a "clear and present danger." Scalia appeared the most...
Fighting Faiths: The Abrams Case, the Supreme Court and Free Speech.
Magazine article from: Washington Monthly Rosenblum, Jonathan May 1, 1988 700+ words
...Faiths: The Abrams Case, the Supreme Court and Free Speech. Richard Polenberg...By a 7-2 vote, the U.S. Supreme Court upheld their convictions, with...Speech that caused a "clear and present danger," he ruled, could be suppressed...
The present danger.(left hook)
Magazine article from: The Advocate (The national gay & lesbian newsmagazine) Goldstein, Richard February 15, 2005 700+ words
...specifically enumerated in the Constitution. This U.S. Supreme Court has taken steps toward including us in the equal protection...us if the Democrats see us as an albatross. That is the present danger. In 1964, Lyndon Johnson put his muscle behind a historic...
For more facts and information, see all results
©2010 Gale, a part of Cengage Learning. All rights reserved. About us | FAQs | Contact us | Privacy policy | Terms and conditions
Other Gale sites: Encyclopedia.com | HighBeam Research | Acquire Content | Books & Authors | Goliath | MovieRetriever | Smart QandA

The AccessMyLibrary advertising network includes: womensforum.com GlamFamily