Speech AP Gov – Flashcards
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Schenck v US 1919
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"clear and present danger" speech can be punished
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Chaplinsky v New Hampshire 1942
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"Fighting Words" are not protected by the first amendemt : Johovna's witness
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New York TImes v Sullivan 1964
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To libel a figure, there must be "actual malice"
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Tinker v Des Moines (1969)
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Public School students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes.
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Miller v. California (1973)
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Obscenity defined as appealing to pruient interests of an average person with matreials that lack literacy, artistic, political, or scientific value. "Miller Test": (a) whether 'the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest ..." (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value."
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Texas v Johnson 1989
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There may be no law to ban flag burning "[i]f there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."
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Reno v ACLU 1997
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A law that bans sending "indecent" material to minors over the Internet is unconstitutional because "indecent" is too vague and broad.
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McConnell v. Federal Election Commission 2003
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Upholds 2002 campaign finance reform law
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FEC v Wisconsin Right to Life 2007
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Prohibits campaign finance reform law from banning political advocacy.
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Symbolic Speech
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An act that conveys a political message
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libel
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Writing that fasley injuries another person
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Obscenity
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Not protected by the first amendment when they have no social value. Hugo Black was against this and beleived all speech is protected.
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clear and present danger test
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Law should not punish speech unless there was a clear and present danger producing harmful actions
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Prior restraint
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cencorship of a publication
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freedom of religion
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people shall be free to exercise their religion, and government may not ebolish a religion.
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freedom of expression
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Right of people to speak, publsih , and assemble
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Selective Incorporation
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Court Cases that apply Bill of Rights to states
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Gitlow v New York 1925
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Supreme Court says 1st amendment applies to states
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Palko v Conneticut 1937
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Supreme Court says that states must observe all "fundamental" liberties
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Bradenburg v Ohio
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KKK case, court sides with KKK - Brandenburg because it was not an iniment breach of peace
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free exercise clause
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1st Amendment requirment that law cannot prevent free exercise pf religion
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wall of seperation
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Court ruling that government cannot be involved in religion
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Lee v Weisman 1992
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Public schools may not lead prayers before graduation
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Santa Fe Independent School Disctrict v Doe 2002
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Students may not lead prayers before the start of a football game at a public school.
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West Virgina v Barnett 1983
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Overturned Minersville School District v. Gobitis, 1939 held that compelling public schoolchildren to salute the flag was unconstitutional. such a salute was a form of utterance and was a means of communicating ideas. "Compulsory unification of opinion," the Court held, was doomed to failure and was antithetical to First Amendment values. Jackson argued that "[i]f there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein."
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Dennis v US, 1951
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: leaders of the Communist Part of America arrested and charged with violating provisions of the Smith Act. - court upheld
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Bethel v Fraser, 1986
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student council speech; First Amendment did not prohibit schools from prohibiting vulgar and lewd speech since such discourse was inconsistent with the "fundamental values of public school education
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Hazelwood v Kuhlmeier, 1988
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SCOTUS held that the First Amendment did not require schools to affirmatively promote particular types of student speech. - sides with school disctrict Hazzelwood that they had right to suspend student paper
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Morse v Frederick, 2007
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Bong hits 4 Jesus- no pro drug speech is allowed
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Brown v Entertainment Merchants Association, 2011
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California Video games were being required to follow labeling and restraints- overtuened by SCOTUS (1) violent video games did not constitute "obscenity" under the First Amendment, (2) the state did not have a compelling interest in preventing psychological or neurological harm to minors allegedly caused by video games, and (3) even if the state had a compelling interest, the law was not narrowly tailored enough to meet that objective.
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due process of law
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Denies the government the right, without due process, to deprove people of life, liberty and property.
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equal protection of the law
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A standard of equal treatment that must be observed by the government.
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Selecive Incorporation
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Court Cases that apply Bill of Rights to States
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Freedom of Expression
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Right of people to speak, publish, and assemble
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Prior restraint
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cencorship of a publication
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libel
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Writing that fasley injuries another person
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symbolic speech
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An act that conveys a political message.
