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24 Cards in this Set
- Front
- Back
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Symbolic Expression |
Symbolic Speech Doctrine: The two-part judicial test used to determine when conduct rises to the level of "speech" within the meaning of the First Amendment. |
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National Socialist Party of America v. Village of Skokie
Illinois Sup. Ct. 1979 |
- Group of Nazis wanted to march through village in Chicago, where there was a prominent Jewish community, w/regalia & swaztikas. - Law suits filed by residents but unsuccessful - Fighting Word Doctrine was used in suit stating that the Jewish residents would be moved to fight. - Illinois Sup. Ct. held that it does not trigger Fighting Words. - Decision for NSP - Used Avert Eyes Philosophy & gave marching rights to NSP - Acknowledge of Free Marketplace of Ideas - Starting point for legal system to be tolerant of symbolic expression / increased tolerance |
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Fighting Words Doctrine |
A legal doctrine that permits prior censorship of words that create a clear and present danger of inciting an audience to disorder or violence. |
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Avert Eyes Philosophy |
Emerged from NSP v. Skokie
Because it was controversial march, but date/time/route was all known by residents, it was called upon them to stay away from the site of the march. |
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Free Marketplace of Ideas |
With good ideas come bad ones. |
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Cohen v. California
US Sup Ct 1979 |
- Paul Robert Cohen, draft law protestor, wore "F* the Draft" jacket in L.A. Courthouse during the Vietnam War. - Arrested/Tried/Convicted under "Breach of the Peace" CA Law for offensive conduct. - State of CA used Fighting Words for defense - Decision was for Cohen - Emergence of Cognitive Expression & Emotive Expression |
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Cognitive Expression & Emotive Expression |
Fill Here |
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Texas v. Johnson |
- Flag Burning Case - At 1984 Republic National Convention in Dallas - Gregory Lee Johnson was arrested after he was handed an American flag to burn. - Arrested using TX Venerated Object Law - Emergence of "Context is Crucial" - Skalia & Kennedy - TX Venerated Object Law, +47 other state laws, were struck down by Sup. Ct. as unconstitutional. |
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What links NSPv.Skokie, Cohen v. California, and Texas v. Johnson thematically? |
The Superior Court gave expanded protection in freedom of expression. But not absolute protection. |
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Freedom of Expression in Public Schools |
Fill Here |
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Tinker v. DeMoines Independent School District |
- Tinker student with armbands - Did not disrupt - Tinker Standard created - Sup. Ct ruled for Tinker |
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Bethel School District v. Fraser |
Student (Matthew Fraser) at assembly nominated another student for office while making obscene hand gestures and sexual innuendos.
Decision - 7 for Bethel Curtail or Punish - The district has the right to do this for crude language |
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Hazelwood School District v. Kuhlmeier |
- Kuhlmeier student re: articles regarding teen pregnancy and divorce - court decided for school district - Emerged - ok to censor school paper as long as it is not about conflicting political ideology |
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What links Tinker v. DeMoines, Bethel v. Fraser, and Hazlewood v. Kuhlmeier thematically? |
The level of First Amendment protection depends on the type of expression. |
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Libel |
False, defamatory statement holding a person up to public hatred, ridicule or scorn. |
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New York Times v. Sullivan |
- Sullivan was commissioner who sued - Ad placed by civil rights leaders / clergy men who did not name Sullivan in ad - Sullivan originally won but Sup. Ct. overturned (9 to 0) - |
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Rosenbloom v. Metromedia |
- Rosenbloom distributed obscene magazines in Philadelphia - Was arrested - Radio station, under Metromedia, spoke about it without using "allegedly" at first - Decision for Metromedia |
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Libel Civil Litigation - Details |
Plaintiff - would be the one suing the source/press for damages Defendant - would be the source of libel Compensatory Damages - Law suit looking for compensation (monetary) for damages Punitive Damages - additional damages; purpose is for legal system to further punish the press outlet; used as an example to other members of the press |
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Two Types of Libel |
Libel Per Se - (Per Se = on it face)
Libel Per Quad - Libel by implication |
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Libel Per Se |
Libel Per Se - (Per Se = on it face) - Recognition of Amer. legal sys; certain types of characterisms of plaintiff; certain words or characterizations that are universally defamatory; no interpretation needed. |
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Libel Per Quad |
Libel by implication
When press/individual writes info about plaintiff that does not outright call someone something like murdered/corrupt/thief/etc. but is being implied as part of it.
Or if plaintiff is named, there are implications that he is being called something that is false |
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Libel Proof Doctrine |
Legal system saying small # of people in society, whole crimes have been ongoing and severe, would not uphold law suit for libel.
No reputation left to damage |
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5 Determinating Factors for Libel |
1. Falsity - will have to prove that info is false 2. Defamation - info wen to extent of harming reputation 3. Publication - decimination of libelous information; by newspaper, mag, speech, etc. - would be distributed to enough people to make an impact - representative minority of community (reach) 4. Identification - Plaintiff will have to prove that the person is being criticized is them and not anyone else. 5. Fault - Plaintiff must prove level of harm that defendant caused a) private plaintiff - prove of negligence b) public plaintiff - prove of negligence and actual malice |
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Tinker Standard |
Materially & substantially disrupts school discipline and normal school operations
Provides a strong level of protection for students |
