Unit 5 section 3 How do we balance the rights of citizens

with the common good

Plessy v. Ferguson Court rules separate but equal is
constitutional in transportation
Plessy’s 14th amendment rights as citizen
were violated
Jim Crow laws became justified in southern
states
Schenck v. U.S. (1919) Charles Schenck- member of the socialist
party hands out leaflets to not support a
draft during WWI
Supreme court rules his behavior presents a
clear and present danger to the country
Freedom of speech and expression (civil
liberties) can be curbed during wartime
Buck v. Bell (1927) Supreme court rules that compulsory
eugenic sterilization is constitutional
Reasons: Promiscuity, disease, criminality,
poor, uneducated etc
Supreme court justice Oliver Wendell holmes
says “three generations of imbeciles are
enough”
Korematsu v. U.S. Court ruled that Japanese Americans could
be put into camps during war
Justified because it was an emergency?
violation of 14th amendment because 70-
80,000 of 120,000 in camps were citizens
Smith act/Dennis v. U.S. 1940- Smith Act- can’t advocate (talk about)
for the overthrow of the government
1951- Dennis v. U.S.- court says the smith act
is constitutional
1957- Later overturned in Yates v. U.S.
because advocacy (talking about it) isn’t
actually doing it
McCarthyism Early 1950s
Senator Joe McCarthy accuses government
officials and military personnel of being
Communist without showing evidence
People blacklisted, lost jobs, etc
Communists, teachers, unions, homosexuals,
professors, actors, actresses, playrights
Civil liberties violated- free speech and
expression
U.S. Patriot Act Following 9/11
Designed to squash terrorism and terrorist
activities, Allows for surveillance of library
records, work records, doctor’s records,
without court order
Wiretaps of all suspect’s phones
Spy on citizens
Groups that are non-violent
Could be labeled terrorist groups