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17 Cards in this Set
- Front
- Back
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Average person applying community standards--dominent theme taken as a whole appeals to a prurient interest
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Roth test from Roth v. US
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Which case stated that there had to be actual malice, not just factual error or defamtion
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NYT v. Sulliven Actual Malace Test
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Branzburg v. Hayes
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Reporters are not exempt from sharing info in criminal proceedings
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NYT v. US
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Gov has heavy burden b/c it is trying to do prior restraint--does not stand
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Hill v. CO
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Regulations for abortion clinic protests are legitimate time/place/manner regulations
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Cohen v. CA
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Words are not actions
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Brandenburg v. Ohio
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Advocacy is not sufficient to ban free speech
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Gitlow v. NY
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Incorporates free speech/press, gives deference to legislature...more than just C/P danger b/c the danger may not be immediate
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Bad Tendency Test
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Abrams v. US
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Clear and Present Danger Test
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Schenck v. U.S.
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Incorporats 1st amdment free exercise clause via 14th
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Cantwell v. Connecticut
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Incorporates 1st amd. establishment clause
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Everson v. Board of Ed.
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Incorporates 6th amd
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Ducan v. Louisiana
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Romer v. Evens
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This discrimination against homosexuals fails rational base
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Lemon v. Kurtzman
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Lemon Test
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Near v. Minissota
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No prior restraint with three exceptions: national security, regulation of obscenity, and expressions that would incite violence
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Lee v. Weisman
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Coercive to pray at school--1st amd
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