The court ruling
The court ruled that though the fourteenth amendment prohibits states from infringing into the freedom of speech, the defendant was properly convicted under the New York criminal anarchy law because he published information that promoted the violent overthrow of a government.
1A: The side that promotes living under a government that protects persons and property of citizens, no exceptions
The prosecution side promotes this argument
It presents legislation that prevents the overthrow of the government through the spreading of propaganda by citizens.
1C: primary source quotation from the book
‘The act makes it a felony to advocate the felony that organized government should be overthrown by force or violence or assassination or by any unlawful means 199A’. (Harvard Law Review).
This quotation says that the government of New York does not allow citizens to use their power or influence to go against the current government in a bid to remove it from power through means that are considered to be unlawful.
The side that promotes this concept is the prosecution because it provides the legislation that makes it unlawful to overthrow a government through violence or force.
2A: the side that promotes living under a government that does not harm person and property
The prosecution side promotes this phenomenon
It argues against putting people at risk through actions of revolting against the government.
2C: primary source quotation
‘Why has government been instituted at all? Because the passions of men will not conform to the dictates of reason and justice without constraining 1A’ (Iachetta).
The quotation says that in as much as the government may not favor the will of all people there is a need to recognize its authority because it is for the general good of all people.
The side that promotes this concept is the prosecution because it argues in favor of the government which has been constituted to compel people to reason and exercise restraint whenever necessary.
3A: the side that promotes religion
The prosecution side promotes religion
The Bible states that authority comes from God and that anyone who goes against the current government may be against the will of God.
3C: primary source quotation
‘Let everyone be subject to the governing authorities, for there is no authority except that which God has established Romans 13:1’.
The quotation says that every person has to submit to the people in power because they have been given the authority by God.
The side that promotes this concept is the prosecution because it protects the overthrowing of the government since the people in power are rightfully in those positions.
4A: the side that promotes personal liberty
The defense side promotes this phenomenon
The defendant argued that the state infringed on his freedom of free speech by convicting
4C: primary source quotation
‘Freedom of expression is an issue under perennial discussion, especially when violence is at risk of happening 779A’ (Buyse).
The quotation says that in as much as every person is entitled to freedom of expression, there is a need to establish its extent in situations when expression can lead to adverse outcomes.
The side that promotes this concept is the defense because the individual has a right to expression, which is a fundamental human right.
5A: the side that promotes self-government
The prosecution side promotes this phenomenon
The legislation compels citizens to observe what they say or print because it can be considered as criminal anarchy and lead to prosecution
5C: primary source quotation
‘A frequent recurrence to the fundamental principles of the Constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality are absolutely necessary, to preserve the advantages of liberty, and to maintain free government 13C’ (Iachetta).
The quotation says that each citizen has to observe the provisions of the constitution and to respect the people given the mandate to lead to promote the well-being of society through liberty.
The side that promotes this concept is the prosecution because citizens have to constantly adhere to piety, justice, moderation, temperance, industry, and frugality to preserve the liberty of all people.
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