Author Question: According to the Supreme Court decisions in Regents of the University of California v. Bakke and the ... (Read 71 times)

melina_rosy · **on:** Jul 10, 2018

According to the Supreme Court decisions in Regents of the University of California v. Bakke and the two University of Michigan cases noted in the chapter,

what sorts of affirmative action programs for admission to public universities are permissible, and what sorts are not?

What will be an ideal response?

Question 2

How does the clear and present danger test operate, and what is its current relevance to the restriction of speech in the United States?

What will be an ideal response?

pocatato · **Reply #1 on:** Jul 10, 2018

Answer to Question 1

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Answer to Question 2

An ideal response will:
1, Discuss how Justice Holmes argued that government could only restrict speech that presented a clear and present danger.
2, Explain how the meaning of the clear and present danger language was debated in the years that followed and that Holmes himself argued that the Court had interpreted it too broadly.
3, Note that the clear and present danger test was modified and essentially replaced by the imminent lawless action standard from Brandenburg v. Ohio (1969).