Term
- Identify three philosophical or policy reasons supporting the First Amendment.
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Definition
1. Discovery of truth
2. Check on government
3. Participation in Democracy |
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Term
- What evidence suggests that the absolute fashion in which the First Amendment is written is not how the Founders meant it to be interpreted?
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Definition
- Because they wrote plenty of exceptions to the First Amendment as well.
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Term
| What legal development greatly expanded the scope of the First Amendment in terms of its application to all levels of government? |
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Definition
| Gitlow vs. New York in 1925. Applied the First Amendment to state laws too, instead of just federal. |
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Term
Give three examples of free speech protected by the First Amendment.
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Definition
| Symbolic speech, freedom of expression, preferred speech, collecting information. |
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Term
| Give two examples of prior restraints. |
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Definition
| Banning something before publication. Hindering a speech before it happens. |
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Term
| Identify two ways of punishing speech after it occurs |
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Definition
1. Criminal prosecution (Cross burning case)
2. Private lawsuit (Copyright infringement) |
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Term
| Which major branch of the media can be compelled to distribute certain messages, despite the protection of the First Amendment? |
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Definition
| Newspapers -- have to publish replies for political candidates who have been criticized by the paper. |
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Term
| What is the term used to describe restrictions on expression that are targeted at the means of speaking rather than the content or message of the speech? |
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Definition
Time, place and manner restrictions.
1. Blaring your speakers at 2 a.m. in a residential area.
2. Religious radicals giving out pamphlets at the State Fair without a permit. |
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Term
| Give two examples of speech receiving no First Amendment protection. |
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Definition
1. Criminal Speech
2. Libel
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Term
| Why did the Supreme Court uphold the conviction of the draft card burner in United States v. O'brien while voiding the conviction of the flag-burner in Texas v. Johnson? |
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Definition
| O'Brien was found guilty because his ID card was at a time of draft and he burned a government document that put a hindrance on the government -- it was illegal. The flag burner didn't do anything illegal at the time, the act was expressive and sending a message. |
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Term
| Generally speaking, how do the First Amendment rights of corporations compare to those possessed by individuals? |
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Definition
| A corporation has as much protection as an individual. |
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