Term
| What Case Created Judicial Review in the United States? |
|
Definition
| Marbury v. Madison (1803) |
|
|
Term
| What Case Said the First Amendment Is Incorporated via the Fourteenth Amendment? |
|
Definition
| Gitlow v. New York (1925) |
|
|
Term
| New York Times Co. v. United States |
|
Definition
| The Pentagon Papers Case. The Supreme Court, rescinding its own TRO, allowed the Times to print its two-week series, and the court used Near in its rationale. 1971 |
|
|
Term
| The Pentagon Papers Case. |
|
Definition
| New York Times Co. v. United States (1971) |
|
|
Term
| United States v. Progressive, Inc. |
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Definition
| The Department of Energy sued in W.D. Wisconsin to stop The Progressive from publishing hydrogen bomb instructions, and the District Court granted relief of hefty substantial governmental interest. Pending appeal to the 7th Circuit, another organization published the material, mooting the Progressive case. 1979. |
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Term
| The Department of Energy sued in W.D. Wisconsin to stop publication of hydrogen bomb instructions, and the District Court granted relief of hefty substantial governmental interest. Pending appeal to the 7th Circuit, another organization published the material, mooting the case. |
|
Definition
| United States v. Progressive, Inc. (1979) |
|
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Term
| Tinker v. Des Moines Independent Community School District |
|
Definition
| If an expression in a public school would substantially and materially interfere with the mission of the school, the school may restrict the expression. Supreme Court, 1969. |
|
|
Term
| If an expression in a public school would substantially and materially interfere with the mission of the school, the school may restrict the expression. |
|
Definition
| Tinker v. Des Moines Independent Community School District (1969) |
|
|
Term
| FCC v. Pacifica Foundation |
|
Definition
| The FCC can regulate broadcast indecency without violating the First Amendment. Supreme Court, 1978 |
|
|
Term
| The FCC can regulate broadcast indecency without violating the First Amendment. |
|
Definition
| FCC v. Pacifica Foundation (Supreme Court, 1978) |
|
|
Term
| Central Hudson Gas & Electric Corp. v. Public Service Commission |
|
Definition
| Corporations are not allowed to lie. The government can regulate ads that are false or misleading, deceptive or unfair, or promote unlawful or illegal goods and services; and the government can impose regulations that directly advance a substantial government interest as long as there is a reasonable fit between the regulation and the interest. (Supreme Court, 1980) |
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Term
| Corporations are not allowed to lie. The government can regulate ads that are false or misleading, deceptive or unfair, or promote unlawful or illegal goods and services; and the government can impose regulations that directly advance a substantial government interest as long as there is a reasonable fit between the regulation and the interest. |
|
Definition
| Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) |
|
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Term
|
Definition
| Government employees can be discharged, without the employer violating the First Amendment, for expressions that supervisors believe might harm the agency. Supreme Court, 2006. |
|
|
Term
| Government employees can be discharged, without the employer violating the First Amendment, for expressions that supervisors believe might harm the agency. |
|
Definition
| Garcetti v. Ceballos (2006) |
|
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Term
|
Definition
| Flag burning is protected expression. Supreme Court, 1989. |
|
|
Term
| Flag burning is protected expression. |
|
Definition
|
|
Term
| West Virginia State Board of Education v. Barnette |
|
Definition
| There is a right not to speak. Supreme Court, 1943. |
|
|
Term
| There is a right not to speak. |
|
Definition
| West Virginia State Board of Education v. Barnette (1943) |
|
|
Term
| We consider online media to be print media for First Amendment freedom purposes. |
|
Definition
| Reno v. American Civil Liberties Union (1997) |
|
|
Term
| Reno v. American Civil Liberties Union |
|
Definition
| We consider online media to be print media for First Amendment freedom purposes. Supreme Court, 1997. |
|
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Term
|
Definition
| 1st Circuit: Because students decided not to publish an abstinence ad in the school paper, the school could not be liable for the content-based discrimination since the decision was student-made. First Circuit, 1997. |
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|
Term
| Because students decided not to publish an abstinence ad in the school paper, the school could not be liable for the content-based discrimination since the decision was student-made. |
|
Definition
| Yeo v. Town of Lexington (1997), 1st Circuit |
|
|
Term
| What is the Difference Between Tinker and Hazelwood? |
|
Definition
| What is school-allowed versus what is school-sponsored |
|
|
Term
| Bethel School District v. Fraser |
|
Definition
| Schools can regulate indecent material, even if not obscene. This is called the Fraser standard. Supreme Court, 1986 |
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|
Term
| Schools can regulate indecent material, even if not obscene. |
|
Definition
| The Fraser Standard. Bethel School District v. Fraser (1986) |
|
|
Term
| Dickey v. Alabama State Board of Education |
|
Definition
| M.D. Alabama: Recognized the rights of college editors for the first time a court had done so. The District Court found against the college dismissal of a student editor for declining to print a force-fed editorial. M.D. Alabama, 1967. |
|
|
Term
| Recognized the rights of college editors for the first time a court had done so. The court found against the college dismissal of a student editor for declining to print a force-fed editorial. |
|
Definition
| Dickey v. Alabama State Board of Education (1967) |
|
|
Term
| Lewis v. St. Cloud State University |
|
Definition
| 8th Circuit, from Minnesota Federal District: a college could not be liable for a defamatory statement printed in a school paper. 8th Circuit by Minnesota Federal District, 2006 |
|
|
Term
| Stanley v. Magrath (1983) |
|
Definition
| 8th Circuit: A college student government cannot engage in a retaliatory withholding of funding for the student newspaper. 8th Circuit, 1983. |
|
|
Term
|
Definition
| 8th Circuit: While the college administrator probably should not have tried to force administrative review of the school paper, she enjoyed governmental qualified immunity from the civil rights issue because she could not have been expected to be familiar with Hazelwood to the degree that it was a clearly established principle or rule of law. 8th Circuit, 2005. |
|
|
Term
| A college could not be liable for a defamatory statement printed in a school paper. |
|
Definition
| Lewis v. St. Cloud State University (2006), 8th Circuit |
|
|
Term
| A college student government cannot engage in a retaliatory withholding of funding for the student newspaper. |
|
Definition
| Stanley v. Magrath (1983), 8th Circuit |
|
|
Term
| While the college administrator probably should not have tried to force administrative review of the school paper, she enjoyed governmental qualified immunity from the civil rights issue because she could not have been expected to be familiar with Hazelwood to the degree that it was a clearly established principle or rule of law. |
|
Definition
| Hosty v. Carter (2005), 8th Circuit |
|
|
Term
|
Definition
| 3rd Circuit: Anti-alcohol regulations in student media advertisements are unconstitutional. 3rd Circuit, 2004. |
|
|
Term
| Educational Media Co. v. Swecker |
|
Definition
| 4th Circuit: Anti-alcohol regulations in student media advertisements are constitutional. 4th Circuit, 2010. |
|
|
Term
| Anti-alcohol regulations in student media advertisements are unconstitutional. |
|
Definition
| Pitt News v. Pappert (2004), 3rd Circuit |
|
|
Term
| Anti-alcohol regulations in student media advertisements are constitutional. |
|
Definition
| Educational Media Co. v. Swecker (2010), 4th Circuit |
|
|
Term
| Philadelphia Newspapers v. Hepps |
|
Definition
| The burden of proof in mass media libel suits falls on the plaintiff. Supreme Court, 1986. |
|
|
Term
| The burden of proof in mass media libel suits falls on the plaintiff. |
|
Definition
| Philadelphia Newspapers v. Hepps (1986) |
|
|
Term
| Milkovich v. Lorain Journal Co. |
|
Definition
| Be careful what is called opinion. Supreme Court, 1990. |
|
|
Term
| Be careful what is called opinion. |
|
Definition
| Milkovich v. Lorain Journal Co. (1990) |
|
|
Term
|
Definition
| D.C. Circuit: To determine if something is opinion, ask the following questions, collectively called the Ollman test. (1) Can the statement be proven? (2) What is the commonly understood meaning of the language? (3) What is the journalistic context in which the statement is made? (4) What is the political and social context? D.C. Circuit, 1984. |
|
|
Term
| To determine if something is opinion, ask the following questions. (1) Can the statement be proven? (2) What is the commonly understood meaning of the language? (3) What is the journalistic context in which the statement is made? (4) What is the political and social context? |
|
Definition
| Ollman v. Evans (1984). D.C. Circuit. Ollman Test. |
|
|
Term
|
Definition
| To determine if something is opinion, ask the following questions, per Olman v. Evans (1984, D.C. Cir.). (1) Can the statement be proven? (2) What is the commonly understood meaning of the language? (3) What is the journalistic context in which the statement is made? (4) What is the political and social context? |
|
|
Term
| Gertz v. Robert Welch, Inc. |
|
Definition
| The actual malice standard is required for punitive damages in all libel cases, and public figures are now bundled in with public officials for libel suits. Supreme Court, 1974. |
|
|
Term
| The actual malice standard is required for punitive damages in all libel cases, and public figures are now bundled in with public officials for libel suits. |
|
Definition
| Gertz v. Robert Welch, Inc. (1974) |
|
|
Term
|
Definition
| Through judicial activism, the Supreme Court determined that the constitution provides for an implicit right to privacy. Supreme Court, 1965. |
|
|
Term
| Through judicial activism, the Supreme Court determined that the constitution provides for an implicit right to privacy. |
|
Definition
| Griswold v. Connecticut (1965) |
|
|
Term
|
Definition
| Stolen or illegally obtained materials could be aired or printed by the media, without liability attaching, as long as the media did not steal it or encourage it to be stolen. Supreme Court, 2001. |
|
|
Term
| Stolen or illegally obtained materials could be aired or printed by the media, without liability attaching, as long as the media did not steal it or encourage it to be stolen. |
|
Definition
| Bartnicki v. Vopper (2001) |
|
|
Term
| Cox Broadcasting Corp. v. Cohn |
|
Definition
| Use of public records does not constitute an invasion of privacy. Supreme Court, 1975. |
|
|
Term
| Use of public records does not constitute an invasion of privacy. |
|
Definition
| Cox Broadcasting Corp. v. Cohn (1975) |
|
|
Term
|
Definition
| first media invasion of privacy case at the Supreme Court. 1967. |
|
|
Term
| first media invasion of privacy case at the Supreme Court |
|
Definition
| Time, Inc. v. Hill (1967) |
|
|
Term
| Cantrell v. Forest City Publishing Co. |
|
Definition
| West Virginia Case in which the Cleveland Plain Dealer Wrote a Story as if They Had Spoken to Mrs. Cantrell, but They Had Not. Contextual False-Light Invasion Case. Supreme Court, 1974. |
|
|
Term
| West Virginia Case in which the Cleveland Plain Dealer Wrote a Story as if They Had Spoken to Woman, but They Had Not. Contextual False-Light Invasion Case. |
|
Definition
| Cantrell v. Forest City Publishing Co. (1974) |
|
|
Term
| What Compulsory Process Do Reporters Have to Make Public Officials Talk to Them? |
|
Definition
|
|
Term
| The Supreme Court Says That the First Amendment Is about a Freedom to _____, Not a Freedom to _____ |
|
Definition
|
|
Term
| Journalists Must Follow What Kind of Police Orders? |
|
Definition
|
|
Term
|
Definition
| Bars Government Seizure of Any Work Product by a Person Reasonably Believed to Be a Reporter/Journalist, Unless That Person Is Suspected of Having Committed a Crime Involving Those Materials |
|
|
Term
| Bars Government Seizure of Any Work Product by a Person Reasonably Believed to Be a Reporter/Journalist, Unless That Person Is Suspected of Having Committed a Crime Involving Those Materials |
|
Definition
|
|
Term
| How Many Days Does the Federal Government Have in which to Produce Documents pursuant to FOIA? |
|
Definition
|
|
Term
|
Definition
| National Security, Certain Law Enforcement Records, Certain Personal Information, Patents and Trade Secrets, Certain Bank Records, Certain Geological Data, Internal/Housekeeping Records, Working Papers, Attorney-Client Privileged Records |
|
|
Term
| How Many Exemptions Are There Under the West Virginia Sunshine Law? Give Five Examples. |
|
Definition
| 11, including Considersations of Acts of War, Avoidance of Premature Exposure of an Honor/Award, Personnel Matters, School/College Discipline, Certain Governmental Purchasing Decisions |
|
|
Term
|
Definition
| Protects Privacy of Patients in the Healthcare System |
|
|
Term
|
Definition
| Protects the Privacy of Student Educatonal Records |
|
|
Term
|
Definition
| Requires Public Colleges to Release (1) Annual Statistical Reprots of Campus Crime, (2) Daily Campus Crime Logs, (3) Timely Reports of Ongoing Threats |
|
|
Term
|
Definition
| Act of Disobedience Against or Disrespect of a Judge or Judicial Process to Protect the RIghts of Those Invovled in a Suit and to Vindicate the Authority of the Court |
|
|
Term
|
Definition
| Process to Cause a Witness to Appear and Give Testimony |
|
|
Term
| 4 Privileges to Testimony |
|
Definition
| Attorney-Client, Doctor-Patient, Priest-Penitent, Spousal |
|
|
Term
| Protects Privacy of Patients in the Healthcare System |
|
Definition
|
|
Term
| Protects the Privacy of Student Educatonal Records |
|
Definition
|
|
Term
| Requires Public Colleges to Release (1) Annual Statistical Reprots of Campus Crime, (2) Daily Campus Crime Logs, (3) Timely Reports of Ongoing Threats |
|
Definition
|
|
Term
| Act of Disobedience Against or Disrespect of a Judge or Judicial Process to Protect the RIghts of Those Invovled in a Suit and to Vindicate the Authority of the Court |
|
Definition
|
|
Term
| Process to Cause a Witness to Appear and Give Testimony |
|
Definition
|
|
Term
| How Many States Have Sheild Laws? |
|
Definition
|
|
Term
| When Does West Virginia's Sheild Law Not Apply? |
|
Definition
| If There Is an Issue That Might Cause Imminent Death or Serious Bodily Injury, or If the Testimony Could Prevent Unjust Incarceration |
|
|
Term
| 3 Types of Court Proceedings |
|
Definition
| Civil, Criminal, Grand Jury |
|
|
Term
|
Definition
| Supreme Court, 1972: There is no constitutional reporter's privilege, at least with respect to grand jury proceedings. |
|
|
Term
| There is no constitutional reporter's privilege, at least with respect to grand jury proceedings. |
|
Definition
| Supreme Court, 1972: Branzburg v. Hayes |
|
|
Term
| Cohen v. Cowles Media Co. |
|
Definition
| Supreme Court, 1991: A source can sue for breach if a journalist breaks confidentiality. |
|
|
Term
| A source can sue for breach if a journalist breaks confidentiality. |
|
Definition
| Supreme Court, 1991: Cohen v. Cowles Media Co. |
|
|
Term
| Zurcher v. Stanford Daily |
|
Definition
| Supreme Court, 1978: The Court allowed a police search for photos in a student newspaper's newsroom. This was the impetus for the Privacy Protection Act. |
|
|
Term
| The Court allowed a police search for photos in a student newspaper's newsroom. This was the impetus for the Privacy Protection Act. |
|
Definition
| Supreme Court, 1978: Zurcher v. Stanford Daily |
|
|
Term
| Copyright Is Found Where in the Constitution? |
|
Definition
|
|
Term
| Const. Art. I, § 8 Talks About What? |
|
Definition
|
|
Term
| 3 Components for Copyright Protection |
|
Definition
| (1) Original to That Author, (2) Some Degree of Creativity Involved, (3) Fixed in a Tangible Medium |
|
|
Term
| Facts _____ Be Copyrighted |
|
Definition
|
|
Term
|
Definition
| Idea That Journalistic Organizations Should Retain Exclusive Use Privileges to Facts They Broke, Even if for a Very Limited Time |
|
|
Term
| Idea That Journalistic Organizations Should Retain Exclusive Use Privileges to Facts They Broke, Even if for a Very Limited Time |
|
Definition
|
|
Term
| In Hired Works, Copyright Goes to _____ |
|
Definition
|
|
Term
|
Definition
|
|
Term
| Must Copyrighted Works Be Registered? |
|
Definition
|
|
Term
| Independent Creation Defense |
|
Definition
| Two people have independently created the same thing without knowing the other one did or was doing so. |
|
|
Term
| Two people have independently created the same thing without knowing the other one did or was doing so. |
|
Definition
| Independent Creation Defense |
|
|
Term
| International Copyright Agreement |
|
Definition
|
|
Term
|
Definition
| International Copyright Agreement |
|
|
Term
| What Does Trademark Protect? |
|
Definition
| Symbols, Words, Names, etc., Associated with Intellectual Property |
|
|
Term
| Symbols, Words, Names, etc., Associated with Intellectual Property |
|
Definition
|
|
Term
| Must Trademarked Works Be Registered? |
|
Definition
| Yes, Renewable Every 10 Years |
|
|
Term
| What Things Cannot Be Trademarked? |
|
Definition
|
|
Term
|
Definition
| Supreme Court (1959, 1961): 1st Murder Conviction Overturned Due to Prejudicial Pretrial Publicity (Later Reconvicted) |
|
|
Term
| 1st Murder Conviction Overturned Due to Prejudicial Pretrial Publicity (Later Reconvicted) |
|
Definition
| Supreme Court (1959, 1961): Irvin v. Dowd |
|
|
Term
|
Definition
| Supreme Court (1975): The presence of prejudicial pretrial publicity does not create a per se presumption of an unfair trial. |
|
|
Term
| The presence of prejudicial pretrial publicity does not create a per se presumption of an unfair trial. |
|
Definition
| Supreme Court (1975): Murphy v. Florida |
|
|
Term
|
Definition
| Supreme Court (1966): The responsibility to ensure a fair trial lies with the trial court judge. |
|
|
Term
| The responsibility to ensure a fair trial lies with the trial court judge. |
|
Definition
| Supreme Court (1966): Sheppard v. Maxwell |
|
|
Term
| 3 Ways for Judges to Protect Fair Trial |
|
Definition
| (1) Traditional/Standard Remedies, (2) Gag Orders, (3) Denial of Access |
|
|
Term
| Traditional/Standard Fair Trial Remedies |
|
Definition
| Voir Dire, Jury Admonition, Jury Sequestration, Change of Veniremen, Change of Venue, Continuance |
|
|
Term
| Voir Dire, Jury Admonition, Jury Sequestration, Change of Veniremen, Change of Venue, Continuance |
|
Definition
| Traditional/Standard Fair Trial Remedies |
|
|
Term
| Richmond Newspapers v. Virginia |
|
Definition
| Supreme Court (1980): Trials are presumed to be open. |
|
|
Term
| Trials are presumed to be open. |
|
Definition
| Supreme Court (1980): Richmond Newspapers v. Virginia |
|
|
Term
| Test to Determine Whether Trial Should Be Closed |
|
Definition
| Press Enterprise Test (5 Parts) |
|
|
Term
|
Definition
| Test to Determine Whether Trial Should Be Closed (5 Parts) |
|
|
Term
|
Definition
| A court order must be followed until it has been properly stricken, even if a motion is pending. |
|
|
Term
| A court order must be followed until it has been properly stricken, even if a motion is pending. |
|
Definition
|
|
Term
| Proceedings That Are Often/Usually Secret |
|
Definition
| Juvenile, Grand Jury, Settlement |
|
|
Term
|
Definition
| Supreme Court (1981): Cameras in the courtroom don't cause a presumption of prejudice. |
|
|
Term
| Cameras in the courtroom don't cause a presumption of prejudice. |
|
Definition
| Supreme Court (1981): Chandler v. Florida |
|
|
Term
| How Many States Provide for Cameras in the Courtroom? |
|
Definition
|
|
Term
| WV's 2 Regulations of Courtroom Cameras |
|
Definition
| (1) Judge's Permission Required Beforehand, (2) Juror Identities Must Remain Secret During Trial |
|
|
Term
|
Definition
| Supreme Court (1975): Virginia prohibition of a New York abortion ad was unconstitutional. |
|
|
Term
| Virginia prohibition of a New York abortion ad was unconstitutional. |
|
Definition
| Supreme Court (1975): Bigelow v. Virginia |
|
|
Term
| Most Important Advertising Case |
|
Definition
| Supreme Court (1980): Central Hudson Gas & Electric Corp. v. Public Service Commission |
|
|
Term
|
Definition
| 5 Members, No More Than 3 of Whom Are from the Same Political Party, Appointed by the President with the Senate's Advice and Consent |
|
|
Term
|
Definition
| Any Action, Method, or Device Intended to Draw Attention to Products, Services, Persons, or Organizations |
|
|
Term
| An Action, Method, or Device Intended to Draw Attention to Products, Services, Persons, or Organizations |
|
Definition
|
|
Term
|
Definition
| 3 Parts: (1) It must be a misrepresentation, omission, or practice that is likely to mislead the consumer. (2) It must mislead a typical consumer acting reasonably. (3) It must materially affect purchasing decisions. |
|
|
Term
| Is Puffery Okay According to the FTC? |
|
Definition
|
|
Term
| Bad Things Generally _____ Be Noted in Ads |
|
Definition
|
|
Term
| There _____ an FTC Pre-screening Process |
|
Definition
|
|
Term
| There _____ a Guarnateed Right of Access for Advertising |
|
Definition
|
|
Term
| 2 Ad Restrictions for Kids |
|
Definition
| (1) No infomercials. (2) Where the program stops and the ad begins must be clearly marked. |
|
|
Term
| The Truthfulness Requirement Does Not Apply to _____ |
|
Definition
|
|
Term
| Citizens United v. Federal Election Commission |
|
Definition
| Supreme Court (2010): Money equals speech, and speech has a great deal of First Amendment protection. Corporations and unions are protected. |
|
|
Term
| Money equals speech, and speech has a great deal of First Amendment protection. Corporations and unions are protected. |
|
Definition
| Supreme Court (2010): Citizens United v. Federal Election Commission |
|
|
Term
|
Definition
| Supreme Court (2003): The Court reversed the California Supreme Court's finding that PR is commercial speech, but not on the merits—only on Kasky's standing. |
|
|
Term
| The Court reversed the California Supreme Court's finding that PR is commercial speech, but not on the merits—only on Kasky's standing. |
|
Definition
| Supreme Court (2003): Nike v. Kasky |
|
|
Term
|
Definition
| Supreme Court (1973): Our Current First Amendment Obscentiy Precedent |
|
|
Term
| Our Current First Amendment Obscentiy Precedent |
|
Definition
| Supreme Court (1973): Miller v. California |
|
|
Term
|
Definition
(1) The (a) average person (b) applying contemporary community standards (c) finds that the work as a whole (d) appeals to prurient interests
(2) in a (a) patenty offensive way (b) as defined by state standards
(3) and lacks value that is (a) literary, (b) artistic, (c) political, or (d) scientific. |
|
|
Term
| The Third Prong of the Miller Test is Called the _____ Test |
|
Definition
| SLAPS / LAPS Test = (Serious) Literary, Artistic, Political, Scientific |
|
|
Term
|
Definition
| The Third Prong of the Miller Test = (Serious) Literary, Artistic, Political, Scientific |
|
|
Term
|
Definition
| 5 Members, No More Than 3 of Whom Are from the Same Political Party, Appointed by the President with the Senate's Advice and Consent |
|
|
Term
|
Definition
| Limitation of the Number of Spots on the Broadcast Spectrum |
|
|
Term
| Limitation of the Number of Spots on the Broadcast Spectrum |
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
| 10 PM – 6 AM Is Called _____ |
|
Definition
|
|
Term
|
Definition
| 10 PM – 6 AM on Broadcast |
|
|
Term
| § 315 of the Communications Act of 1934 |
|
Definition
| All candidates for an office get fair access to broadcast station, without censorship of their political material. |
|
|
Term
| All candidates for an office get fair access to broadcast station, without censorship of their political material. |
|
Definition
| § 315 of the Communications Act of 1934 |
|
|
Term
| FCC Renewal Frequency and Standard |
|
Definition
|
|
Term
| Year of the Alien and Sedition Acts |
|
Definition
|
|
Term
| Peak of Expression Suppression |
|
Definition
| Espionage Act and Sedition Act, Right Before World War I |
|
|
Term
|
Definition
| Supreme Court (1919): This is the first time the Court decided a case pitting federal law against free speech. The Court here crafted the clear and present danger doctrine in holding against Schenck. |
|
|
Term
| This is the first time the Court decided a case pitting federal law against free speech. The Court here crafted the clear and present danger doctrine. |
|
Definition
| Supreme Court (1919): Schenck v. United States |
|
|
Term
|
Definition
| Supreme Court (1957): The Court finally falls on the side of free expression, defining the difference between action and advocacy of an idea. |
|
|
Term
| The Court finally falls on the side of free expression, defining the difference between action and advocacy of an idea. |
|
Definition
| Supreme Court (1957): Yates v. United States |
|
|
Term
|
Definition
| Supreme Court (1969): The Court crafts a variation of the clear and present danger doctrine, holding that inflammatory speech can only be punished when it is (1) direct incitement (2) to imminent (3) lawless action (4) likely to produce such action. |
|
|
Term
| The Court crafts a variation of the clear and present danger doctrine, holding that inflammatory speech can only be punished when it is (1) direct incitement (2) to imminent (3) lawless action (4) likely to produce such action. |
|
Definition
| Supreme Court (1969): Brandenburg v. Ohio |
|
|
Term
|
Definition
| Expressions That Insult or Degrade Categories of People |
|
|
Term
| Most Expressions of Bigotry/Prejudice _____ by the First Amendment |
|
Definition
|
|
Term
| National Socialist Party v. Skokie |
|
Definition
| Supreme Court (1977): A Nazi march down a street in a heavily Jewish town doesn't constitute a captive audience. |
|
|
Term
| A Nazi march down a street in a heavily Jewish town doesn't constitute a captive audience. |
|
Definition
| Supreme Court (1977): National Socialist Party v. Skokie |
|
|
Term
| R.A.V. v. City of St. Paul |
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Definition
| Supreme Court (1992): A Minnesota prohibition of fighting words on the basis of race, color, or creed was unconstitutional because it was content-based. |
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Term
| A Minnesota prohibition of fighting words on the basis of race, color, or creed was unconstitutional because it was content-based. |
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Definition
| Supreme Court (1992): R.A.V. v. City of St. Paul |
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