Comm Law Exam 1

Front 1

United States vs Alvarez

Back 1

US sued Alvarez for lying about having a congressional medal of honor

alvarez won - can't punish someone for lying

Front 2

Schenck vs. United States

Back 2

schenck spoke out about draft
convicted for violating espionage act

Front 3

Near vs Minnesota

Back 3

Near published The Saturday Press, minnesota had gag law - near won, MN law is a violation of first amendment

Front 4

NY Times vs Sullivan

Back 4

NT times published pentagon papers, Sullivan sued,
NY Times won, govt can't prevent publication unless it presents a clear and present danger

Front 5

Tinker vs Des Moines

Back 5

black arm band case
Tinker won b/c their actions weren't disruptive
defined constitutional rights of students

Front 6

Bethel School District vs Fraser

Back 6

speech with innuendo
school won - can punish vulgar speech

Front 7

Hazelwood vs Kuhlmeier

Back 7

school newspaper articles on divorce, teen pregnancy

school won - can censor a school sponsored newspaper

Front 8

Morse vs Frederick

Back 8

bong hits for jesus

Morse won - can suppress student speech at a school event

Front 9

Harper vs Poway

Back 9

harper wore anti-gay day of silence shirt

school won - has right to punish speech if it causes a disruption/ infringes on other students rights

Front 10

JS vs Blue Mountain School District

Back 10

JS created fake myspace principal profile
parents argued it was done at home
JS won - not done at school, school can't sue

Front 11

Layshock vs Hermitage school district

Back 11

fake profile mocking principal - received suspension
student won case - done at home

Front 12

Kowalski vs Berkley County Schools

Back 12

myspace hate group against student

kowalski suspended- sued, lost case because other student felt threatened at school

Front 13

The College Hazelwood Case - Kincaid vs Gibson

Back 13

betty gibson didn't like stuff in the yearbook

students sued - school won, has right to censor university media

Front 14

Hosty vs. Carter

Back 14

gov. state university school paper
published articles critcizing faculty
students won at district court, lost at 7th circuit court

Front 15

US vs O'Brien

Back 15

burn draft card as symbolic protest

o'brien lost case - govt can control some behavior

Front 16

Cohen vs California

Back 16

F* the draft jacket
maliciously disturbing the peace - scotus voted in favor of cohen

Front 17

Chaplinsky vs New Hampshire

Back 17

Jehovas Witness – called an officer bad things,
Fighting words- new Hampshire won,

Front 18

Brandenburg vs Ohio.

Back 18

Invited the press to come to a KKK rally, charged w/ aggravating violence
Brandenburg won – govt can’t punish inflammatory speech unless it incites action

Front 19

Texas vs. Johnson 1989

Back 19

Johnson burned the flag at protest, arrested for violating Texas law.
Court ruling – govt can’t prohibit idea just because they disagree and think it’s offensive
Texas state law ruled unconstitutional – all laws that violated desecration of flag overruled.

Front 20

US vs Eichman

Back 20

Invalidated a federal law against flag desecration
Govt can’t prosecute a person for burning a flag - expressive conduct

Front 21

Black vs. Virginia (2003)

Back 21

2 separate cases of cross burning

1st private property with permission

2nd house party - in african american neighbors' yard,
Virginia’s law prohibiting cross burning with the intent to intimidate ruled constitutional by Supreme Court

Front 22

Wisconsin vs Mitchell

Back 22

group of AA teens, beat up white kid after watching Mississippi Burning movie

- Mitchell arrested for assault, hate crime – 4 yrs (regular law 2 yrs) - argued
- Reached SCOTUS, Wisconsin won. Violence is not protected speech- ok for states to pass a law to make it illegal to hurt someone based on race etc.