Term
|
Definition
| Established precedent for many 'prayer in school' cases; not in favor of prayer |
|
|
Term
|
Definition
| Supreme Court ruled in favor of Weisman, for no prayer at graduation |
|
|
Term
|
Definition
| Prayer before football game ruled unconstitutional; controversial because it contradicts previous similar cases |
|
|
Term
|
Definition
Does it have a secular purpose?
Does not promote or inhibit, does not foster excessive entanglement with government and religion |
|
|
Term
|
Definition
| A formal religious practice directed by the government that makes people feel obligated to participate |
|
|
Term
|
Definition
| Showing favoritism or preference to one religion over the other |
|
|
Term
|
Definition
| Made it a crime for people to convey information intended to interfere with the US armed forces prosecution of the war effort, or to promote the success of the country's enemies |
|
|
Term
|
Definition
| Schenck felt the draft was a form of slavery and should be outlawed by a free country |
|
|
Term
|
Definition
|
|
Term
|
Definition
| The Fourteenth Amendment prohibits states from infringing free speech, but the defendant was properly convicted under New York's Criminal Anarchy Law because he disseminated newspapers that advocated the violent overthrow of the government. |
|
|
Term
| West Virginia v. Barnette |
|
Definition
| Law prohibited refusal to salute flag. Court stated that the 1st Amendment protects you from being forced to violate your values. |
|
|
Term
|
Definition
| Supreme Court ruled that the FDA did not have the right to regulate tobacco companies |
|
|
Term
|
Definition
| Joseph Story - Implicated later jurisprudence and ruled the Africans were free individuals with full rights to participate in the legal system |
|
|
Term
|
Definition
Separate but equal precedent.
John Marshall Harlan dissented - SC reversed with Brown v. Board of Education |
|
|
Term
|
Definition
| Agreed with SC that the court could not limit the publishing of the Pentagon Papers |
|
|
Term
|
Definition
| Before 1968; movies and tv shows should not disrupt the moral code of those who see it |
|
|
Term
|
Definition
| Foreign film seen as sacrilegious ; overturned with Mutual Film Corporation v. Ohio Industrial Commission, reinstating 1st and 14th Amendment freedoms to cinema and its practitioners |
|
|
Term
|
Definition
| Sit-in ruled constitutional |
|
|
Term
| Edwards v. South Carolina |
|
Definition
| Peaceful protest ruled constitutional |
|
|
Term
|
Definition
Established Test:
- Can be prohobited if it is directed at inciting or producing imminent lawless action
- Likely to produce such an action |
|
|
Term
|
Definition
True Threat:
- Targets an individual or small group
- Intended to convey a real threat of impending violence
- Intended to arouse pervasive fear of violence in targeted individual |
|
|
Term
| Chaplinsky v. New Hampshire |
|
Definition
| Articulated the fighting words doctrine; limitations of the 1st Amendment |
|
|
Term
|
Definition
| Ruled that "breach of peace" ordinance was unconstitutional |
|
|
Term
|
Definition
| Fuck the draft jacket; ruling protected expression of emotion and expression of ideas |
|
|
Term
|
Definition
| FCC has the right to fine networks for the F word |
|
|
Term
|
Definition
| Cannot prevent someone from saying something that could be defamatory or outrageous; set precedent against prior restraint |
|
|
Term
|
Definition
| One of the first times 1st and 14th Amendments are used together to protect from states infringing on speech; violated symbolic free speech |
|
|
Term
|
Definition
| Burning draft card, imprisoned; held law was constitutional |
|
|
Term
|
Definition
| Established that activities that disrupt school can be punished |
|
|
Term
| Frasier v. Bethel High School |
|
Definition
| Supreme Court ruled school has the right to prohibit vulgar speech |
|
|
Term
|
Definition
| School had the right to edit paper because it was part of the curriculum |
|
|
Term
|
Definition
| School has the right to discourage drug use |
|
|
Term
|
Definition
| Upheld FCC's power to regulate; established the meaning of indecency for broadcast |
|
|
Term
|
Definition
| First definitive ruling that obscenity is not protected by the 1st Amendment |
|
|
Term
|
Definition
| An average person applying contemporary community standards finds the work as a whole appeals to the prurient interest |
|
|
Term
| Functions of the 1st Amendment |
|
Definition
- Discovery of truth/marketplace of ideas is important
- Participation in democracy
- Check on government; press, voting
- self-realization, self-fulfillment
- Safety valve/social stability |
|
|
Term
| Applications of the 1st Amendment |
|
Definition
- Protected from state infringment (14th Amendment)
- Doesn't apply to private sector
- Protects entertainment intended to communicate an idea
- Protects the right not to speak |
|
|
