Use this article/text to answer the question 1-20 below.

Emerson, T. I. (1963). Toward a General Theory of the First Amendment. The Yale Law Journal, 72(5), 877-956. https://doi.org/10.2307/794655

https://www.jstor.org/stable/794655

QUESTIONS

1: According to Emerson, the crucial point about the First Amendment isn't that freedom of expression is politically useful, but that it is what?

2: What does suppression of discussion make impossible?

3: According to Emerson, it has been common for individuals and groups who demand freedom of expression for themselves to insist that it be what?

4: According to Emerson, prosecution of unpopular opinion is frequently an important avenue of what?

5: According to Emerson, one reason that legislators are less suited to protecting civil liberties is because legislators are not normally trained or experienced in what?

6: According to Emerson, when it comes to protecting civil liberties, just as the government is now a more formidable foe, so is it a more what?

7: According to Emerson, from a judicial point of view, freedom of expression should be regarded as what?

8: According to Emerson, other values such as public order, justice, equality, moral progress, and the need for substantive measures designed to promote those ideals must be taken into account when developing a theory of what?

9: Which judicial standard claims that expression which is inclined to lead to substantial evil could be prohibited?

10: Which Supreme Court Justice famously wrote that "The question in every case is whether the words used are used in such circumstances and are of such a nature as to make a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."

11: Which judicial formula claims that judges should aim to find an equilibrium between individual / social interest in freedom of expression against the social interest sought by the regulation which restricts expression?

12: Which judicial criterion claims that the command of the first amendment is unequivocal in the sense that "no law" which "abridges" "the freedom of speech" is constitutionally valid?

13: Emerson argues that the legal doctrine of "freedom of belief" should be that the holding of a belief is afforded complete protection from what?

14: Which legal case upheld the validity of the part of the Taft-Hartley non- Communist affidavit which required a union officer to state that he "does not believe in, and is not a member of or supports any organization that believes in... the overthrow of the United States Government by force or by any illegal or unconstitutional methods"?

15: Which Supreme Court Justice wrote that "The right to be let alone [is] the most comprehensive of rights and the right most valued by civilized men."

16: According to Emerson, it would contradict the basic tenets of a democratic society to say that the greater the freedom of expression the less there is of what?

17: According to Emerson, no objection can be made that the use of expression is an improper method of influencing change, for adjustment through public discussion is the essence of what?

18: According to Emerson, when handling First Amendment issues, the appropriate legal doctrine must be derived from the distinction between which two things?

19: In the Roth case, what kind of speech was ruled to be "not within the area of constitutionally protected speech"?

20: According to U.S. law, the right of expression extends to all individuals as members of a society, regardless of whether they are born into it, formally accepted as members, or are members by virtue of residence alone, and so the basic theory of freedom of expression would seem clearly to preclude any special restriction upon freedom of expression by whom?