Discuss the concept of acceptable dissent from a legalist and indicate a contrasting view

Question

What will be an ideal response?

Answer 1

A model definition of acceptable dissent was developed by former Supreme Court Justice Abe Fortas who noted that the First Amendment protects dissent if it is belief and not acts, and if it is speech, such speech does not create a clear and present danger of injury to others. A similar position was taken by Archibald Cox who said that the Constitution guarantees a wide variety of public actions to express sentiment or dramatize a cause. Yet, the legalists believe it should be noted that citizens cannot pick and choose which laws they will obey without destroying the whole concept of law. This position is similar to a national commission's view which suggested that the best way to challenge the constitutionality of a law is by initiating legal action, and while the judicial test is in progress, dissenters should abide by the law. However, in contrast to the legalistic positions others feel that (1) the traditional methods of dissent are insufficient, (2) that dissent is often focused on policies and not laws, and (3) that the dissent issue is often not negotiable to those in the power structure. Yet, both the legalists and the advocates of dissent agree that creative disruptive tactics are legitimate. They also realize that many protest strategies pose a serious political problem: how to avoid social disorder while at the same time avoiding total social control.