Clear and Present Danger Determines If Speech Causes Violence

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1) The various tests the government has come up with are the “bad tendency”, “clear and present danger”, and “direct incitement” tests. Bad tendency test is to determine when speech has a tendency to induce illegal behavior but does not directly encourage the behavior or tell people to do anything. Clear and present danger is used to determine if speech actually has the capability and will cause violence or cause people to do something illegal and can then be restricted. The direct incitement test is speech that is intended to cause lawless action and illegal activity and goes beyond just putting the thought out there. It involves actually motivating and advocating violent or illegal activity and can be restricted. (Roberson, 2014) I think people are well within their right to freedom of speech. Actually, I feel like the government has taken away freedom of speech. How can they claim people have freedom of speech but then put qualifiers on that so people can’t say anything that could cause problems for the government. People should be able to say what they want even if it does cause illegal activity. Only the person who actually commits the act should be held responsible because they are the ones who acted on it. For example, there is that website mentioned in class where someone put up people’s pictures with crosshairs over them and encouraged violence. (Roberson, 2014) In my opinion, person should be allowed to share their belief and opinion even if it is “bad” or inspires illegal activity and violence. If someone else hears it or reads it and agrees and acts on that opinion then it’s not the other person’s fault for telling them they should do it it’s that other person’s fault for listening and acting on it. Adults can make ... ... middle of paper ... ...d to participate in voting but states imposed things like poll taxes, literacy tests, and grandfather clauses that prevented them from being able to. (Roberson, 2014) The Plessy v. Ferguson decision found that separate facilities for blacks and whites did not violate the 14th amendment. This resulted in states passing laws that segregated many aspects of society. (Roberson, 2014) Blacks had separate schools, drinking fountains, toilets, and many other things. It created a society where blacks were very unequal and looked down upon. The NAACP was founded in order to fight for civil rights. The strategy they used was targeting higher education and arguing that it was not equal like it was supposed to be. Brown v. Board of Education was their most successful case because it led to desegregating schools and helped open the door for abolishing segregation altogether.
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