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20 Cards in this Set
- Front
- Back
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prior restraint; the government, only under rare circumstances, can confiscate, for example, a newspaper, before it is out.
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censorship
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makes it illegal to publish an obscene, indecent, or profane remark.
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18 USC 1462
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Guiding principle for communications and PR - to protect the people from government encroachment - not necessarily for the press.
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1st amendmnet
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we as americans are free to speak as we wish without government censorship, congress.
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1st amendment
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congress pased the ---------- act, which made it illegal to express yourself in any way that would create a danger to the US.
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sedition act
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is only there to see if the law you were convicted of is constitutional
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appeals process
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court case in which pamphlets were created that said if you were drafted to serve the military don't go. govt. confiscated them and found him guilty under the --------- act. this is also an example of ----------
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schenck vs. US Government, sedition act, Censorship
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schenck vs. US Government created the ---------- --- ----------- ------------ test.
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clear and present danger test
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when speech presents a clear and present danger to the country, it falls outside the first amendment. congress was able to do this because we were under wartime circumstances
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clear and present danger test
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published a pamphlet that told readers to violently overthrow the government and was found guilty in NY under the
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Benjamin Gitlow Vs. New York, violent anarchy statute
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was an important ruling because it laid down the precedent that all state and local law, just like federal, can be reviewd for constitutionality by the surpreme court
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Benjamin Gitlow VS. New York
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a criminal nuisance statute was violated by publishing a pamphlet against anyone who was not a white mail Anglo-Saxon protestant.
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Near Vs. Minnesota
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case went all the way to the supreme court where they said that the public nuisance statute was unconstituional and they needed to give a different test called
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near vs. minnesota. the near test
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the clear and present danger test was replaced by the ------ ------
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near test
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stated that only 3 instances make censorship valid.
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near test
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censorship will be upheld if any of the following are true according to the near test
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if a publication is obscene, if a publication is an incitement to violence, if a publication is a threat to national security during times of war. Near vs. minnesota
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whether to the average person (jury of your peers) applying the contemporary standards to the community (the norm today) the dominant theme of the material as a whole
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obscentity
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what is the problem with the definition of obscentity?
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most juries are not literal peers of the person on trial.
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Definition can change from time to time and place to place. what is obscene in tally might not be obscene in cincinatti.
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applying the contemporary standards of the community
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you have to take the whole work in it's entirety. you can't take excerpts of the publication and challenge it.
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dominant theme o the material taken as a whole
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