CIVIL LIBERTIES AND THE COLD WAR IN THE UNITED STATES
AbstractThis article explores the tension between protection of individual rights and protection of security of the State embodied in the American Constitution. The author discusses the reaction of the American legislature to foreign totalitarian governments, especially the threat of communist expansion throughout the world, which has necessitated the restriction of seditious expression. He reviews the history of anti-sedition laws, the operation of the Smith Act and the clear and present danger test for limiting expression, in order to show that the rights guaranteed by the First Amendment are not absolute. He then compares this position to the common law crime of sedition and scrutinizes judicial application of the principles, before considering various American programs created in response to the cold war and meant to protect national security.
Keywords:Civil Liberties and Civil Rights, United States of America
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