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10 Cards in this Set
- Front
- Back
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The Espionage Act of 1917
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- provided punishments for people who willfully communicated national defense information to our enemies
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The Sedition Act of 1918
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- purposefully used words to give it the right to punish a wide range of speech and activities
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The Smith Act
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- prohibited several rights of speech that involved advocating a violent overthrow of the government or belonging to a group that advocated toppling a government by force
- made during the “cold war” when there was a fear of communism |
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Fighting Words
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- words that are likely to result in immediate violence
- prohibited only if the words are likely to result in breach of peace |
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Hate Speech
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- expressing hatred toward certain groups must be protected under the first amendment, no matter how offensive or intimidating the speech might be to some people
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Speech Codes
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- Universities developed a “speech code” prohibiting students from using “hate speech”
- Federal court agreed that the Speech code violated the First Amendment |
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Flag Desecration
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- the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable
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Time, Place, Manner Restrictions
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- restrictions that are placed on how speech is delivered and not on the content of the speech itself
- the government is allowed to regulate the time, place, and manner of some speech as long as the goal is not to censor a particular message - 4 basic issues: regulation must be “content-neutral,” regulation must not ban the speech entirely, there must be a “substantial state interest” served by the regulation, the regulation must be narrowly tailored |
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Prior Restraint
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- a condition in which the government forbids a party to publish or broadcast specific material
- “prepublication censorship” - the government has “restrained” the speech “prior” to publication - government may only exercise prior restraint on a publisher if there are exceptional circumstances (national security, incitements to violence) |
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Clear and Present Danger Test
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- the first amendment does not give blanket protection to all forms of speech
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