你没有读,因为你没有搞清言论自由是针对公权,而诽谤罪是针对私权。
贴给你了。再贴一遍,针对公权的。
我希望你再创造一个公私权概念。你的问题在于,你有胡搅蛮缠的特质。因为我们讨论的是言论自由的边界问题,你说言论自由无边,我证明给你言论自由有边界。你现在不得不承认言论自由对私权是有界限的,你已经否定了言论自由无边界。你好好学习一下逻辑。
这是自己打脸,明白吗?
另外,我也不会回复你了。
Communist Party trials
Main article:
Smith Act trials of Communist Party leaders
After a ten-month trial at the
Foley Square Courthouse in
Manhattan, eleven leaders of the Communist Party were convicted under the Smith Act in 1949.
[54] Ten defendants received sentences of five years and $10,000 fines. An eleventh defendant,
Robert G. Thompson, a distinguished hero of the
Second World War, was sentenced to three years in consideration of his military record. The five defense attorneys were cited for
contempt of court and given prison sentences. Those convicted appealed the verdicts, and the Supreme Court upheld their convictions in 1951 in
Dennis v. United States in a 6–2 decision.
Following that decision, the DOJ prosecuted dozens of cases. In total, by May 1956, another 131 communists were indicted, of whom 98 were convicted, nine acquitted, while juries brought no verdict in the other cases.
[55] Other party leaders indicted included
Claudia Jones and
Elizabeth Gurley Flynn, a founding member of the ACLU who had been expelled in 1940 for being a Communist.
Appeals from other trials reached the Supreme Court with varying results. On June 17, 1957,
Yates v. United States held
unconstitutional the convictions of numerous party leaders in a ruling that distinguished between advocacy of an idea for incitement and the teaching of an idea as a concept. The same day, the Court ruled 6–1 in
Watkins v. United States that defendants could use the
First Amendment as a defense against "abuses of the legislative process". On June 5, 1961, the Supreme Court
upheld by 5–4 the conviction of
Junius Scales under the "membership clause" of the Smith Act. Scales began serving a six-year sentence on October 2, 1961. He was released after serving fifteen months when President John F. Kennedy commuted his sentence in 1962.
[56]
Trials of "second string" communist leaders also occurred in the 1950s, including that of
Maurice Braverman.