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Essay / Research Paper Abstract
A 10 page research paper that concerns First Amendment issues suggested by a scenario regarding the trial of a group of right-wing extremists known as the "Montana Freeman." The scenario presumes that this report is a document prepared for the Justice Department addressing possible First Amendment issues/problems concerning the trial and its repercussions on the activities of various right-wing groups. The writer discusses the "clear and present danger" test, and other case precedents that pertain to the issues addressed. Bibliography lists 6 sources.
Page Count:
10 pages (~225 words per page)
File: D0_khfai.rtf
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Unformatted sample text from the term paper:
Freeman." The scenario presumes that the following is a document prepared for the Justice Department addressing possible First Amendment issues /problems concerning the trial and its repercussions
on the activities of various right-wing groups. Introduction First of all, it should be pointed out that First Amendment law is an extremely complex subject. Well (2003) asserts that
the Supreme Court has made up free speech doctrine as it goes along, using whatever tools it can find. Consequently, the result is an extraordinarily complicated set of legal rules
that have evolved over the last century (Well, 2003). Those who support a literal interpretation of the First Amendment argue that there is no room for interpretation as the language
of the Founding Fathers is absolute: "Congress shall make no law...abridging the freedom of speech, or of the press..." (Carter, Franklin and Wright, 1996, p. 33). However, in actual practice,
there have always been restrictions placed on speech as this right is seen by the courts as having to be balanced with other interests. For example, the First Amendment does
not give an individual the right to scream "fire" in a crowded theater, when no fire exists, thereby causing a panic. Speech interests, likewise, have always been balanced against "privacy
interests, property in interests, security interests, public safety and morals, and even countervailing speech interests" (Carter, Franklin and Wright, 1996, p. 32). Therefore, basically, First Amendment issues/problems, concerning the governments
handling of the Montana Freemen situation and its subsequent repercussions concerns how to balance the First Amendment liberties against the needs of the state, particularly in regards to issues of
national security. However, the first issue brought up by this case is the legality of limiting access to the trial. Media access to trials--the publics right to know The Supreme
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