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To Chill the Exercise of Rights

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  • Legalbear
    From United States v. Jackson , 390 US 570
    Message 1 of 1 , Mar 28, 2013

      From United States v. Jackson, 390 US 570 - Supreme Court 1968:


      Whatever might be said of Congress' objectives, they cannot be pursued by means that needlessly chill the exercise of basic constitutional rights. Cf. United States v. Robel, 389 U. S. 258; Shelton v. Tucker, 364 U. S. 479, 488-489. The question is not whether the chilling effect is "incidental" rather than intentional; the question is whether that effect is unnecessary and therefore excessive. Jackson @ 582.


      A procedure need not be inherently coercive in order that it be held to impose an impermissible burden upon the assertion of a constitutional right. Id. @ 583.






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