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14 Cards in this Set
- Front
- Back
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Schenck v US (1919)
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Justice Holmes: Clear and Present Danger
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Barron v Baltimore
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Bill of Rights only applies to Federal Government
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Gitlow v New York (1925)
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Fourteenth Amendment applies First Amendment to state governments same as federal
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Near v Minnesota (1931)
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Prior restraint (censorship) is permitted in certain circumstances such as obscenity
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As a result of Near v Minnesota, when is censorship allowed?
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obscenity, incitement to violence, wartime
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Austin v Keefe (1971)
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Reinforced Near v Minnesota
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NY Times v US; US v Washington Post (1971)
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Could have argued against prior restraint; instead argued government failed to prove restraint necessary
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US v Progressive (1979)
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differentiated from Pentagon Papers
Historical v Contemporary National Security Specific Act violated |
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Time, Place, Manner restrictions
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Rules must be content neutral
Rules must not constitute a complete ban on communication Rules must be justified by a substantial state interest Rules must be narrowly tailored to further state interest |
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Absolutist theory
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Says First Amendment rights are absolute and unlimited
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Meiklejohnian theory
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Says free speech is vital to self-government and speech relating to government is absolutely protected
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Ad Hoc Balancing theory
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Balances free speech against other values, determines freedom of speech on a case by case basis
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Access theory
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Says all individuals should be able to have their views presented in media
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Preferred positions balancing theory
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Balances freedom of speech against other rights and values, with a preference toward free speech
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