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36 Cards in this Set
- Front
- Back
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absolutist theory |
no law means no law; 100% protection |
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ad hoc balancing theory |
scales erected on a case by case basis; freedom of speech balanced w/ other issues |
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preferred position balancing theory |
content based laws presumed unconstitutional; entitles more protection for expression |
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Meiklejohnian theory |
political speech has full protection; private speech can be regulated |
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access theory |
everyone has right to mass media, but it must present all points of view (not print) |
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US v. Alvarez |
Alvarez lied about CMH, first amendment doesn't protect false facts. However court ruled in favor of Alvarez because the lie didn't cause harm |
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Alien & sedition act |
prohibited "false, scandalous, & malicious" writing against government |
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espionage act (sedition section) |
illegal to speak/publish any disloyal, profane or abusive language about US gov, military, or flag |
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Schneck v US |
Schneck sent out anti draft flyers, language damaged war effort. Court ruled in favor of US b/c harmful to society |
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Near V Minnesota |
Near accused police of illegal activities, gov shut down newspaper for things that might be said in future. Court ruled in favor of near |
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Smith Act |
crime to advocate forceful overthrow of gov |
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NY Times v. US |
Ellsberg released Pentagon papers to newspapers. Court ruled in favor of newspapers because the information was historical |
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Patriot Act |
gave government right to investigate phone records & gather info on everyone to stop terrorism |
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Tinker v. Des Moines Independent Community School District |
Students wore black armbands in protest of Vietnam war. Symbolic speech. Court ruled in favor of Tinker. Students don't abandon rights in public schools. |
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Bethel School District v Fraser |
Fraser used offensive speech in front of school. Supreme court ruled in favor of school. Limiting what students can say in school |
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Hazelwood v. Kuhlmeier |
school banned students from writing controversial newspaper articles. Court ruled in favor of school because newspaper was part of the curriculum |
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Morse v Frederick |
Frederick and friends hold up sign promoting weed and school field trip. Kid got suspended and sues. Court ruled in favor of school because it was an organized school event |
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Harper V Poway |
Harper wore anti gay shirt on day of silence. court of appeals ruled in favor of school because students can't use first amendment right to abuse & intimidate other students |
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Layshock v Hermitage school district |
Kid creates fake myspace making fun of principal. kid was suspended & sued. circuit court ruled in favor of kid because it was outside of school |
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Kowalski v. Berkeley County schools |
created myspace group shaming/targeting one student. believed she was protected because it was off campus. Circuit court ruled in favor of school because it targeted one student & cause distraction |
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Kincaid v. Gibson |
administrator Gibson locked copies of yearbook away because she didn't like them. court ruled in favor of school, wasn't a public forum. then students won in bond case because college media has same right as mainstream media |
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Hosty v Carter |
controversial articles written for newspaper, carter told printer not to print unless approved. school won in bond case because school funded college newspapers can be reviewed by university |
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US v. O'Brien |
O'Brien destroyed his draft card to protest Vietnam war. Court ruled against O'Brien for hampering war effort |
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O'Brien Test |
test for first amendment cases. gov has constitutional authority, needed to further important gov interest, content neutral, prohibits no more speech than necessary |
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Cohen v. California |
Cohen wrote fuk the draft on jacket, arrested for disturbing the peace. court ruled in favor of cohen because it was not a criminal offense |
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Texas v. Johnson |
Johnson burned flag and arrested, SC ruled in favor of Johnson because state law was unconstitutional. protests broke out and federal law went to SC who ruled it unconstitutional because it is a form of symbolic speech |
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fighting words |
verbally throwing the first punch. directed at an individual and automatically inflicts harm/triggers violence |
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Phelps v. Red Oak Police |
westboro baptist church defacing flag but weren't arrested yet sued police for feeling threatened. ruled in favor of phelps because it's symbolic speech |
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chilling effect |
future speech is chilled or discouraged because one person is arrested. rather than expressing opinion, they are silenced. |
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Brandenburg Test |
gov may punish speech only if its directed toward intentionally inciting, immediate violence or illegal action |
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virginia v. Black (first case) |
at a klan rally black burned cross on private property w/ permission. court ruled in favor of black because no harm was done |
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virginia v. black (second case) |
Elliot & O'Mara tried to burn a cross in a black neighbor's yard. court ruled in favor of state because speech was aimed to intimidate someone |
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John Walker v. Texas Division, sons of confederacy |
people wanted the confederate flag on texas license plates and board denied request. Walker sued and won case because gov has right to approve what is put on their own license |
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Matt shepherd & James Byrd Jr Hate Crimes Prevention Act |
James Byrd and Matt Shepherd victims of hate crimes. targeted because race/sexual orientation |
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Wisconsin v. Mitchell |
after a movie was released, 3 black teens were upset and targeted the first white person they saw. Court ruled in favor of state because you can express hate but not in a violent way to harm someone |
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Slippery slope |
government censors one type of speech, then whats going to stop them from censoring other types |
