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establishes "clear and present danger" test for protected speech
"falsely shouting fire in crowded theatre"
Schenck convicted - Espionage Act |
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"clear and present danger"
convicted under Espionage Act
"a little breath would be enough to kindle a flame" |
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"clear and present danger"
convicted under Espionage Act, anti-WWI speech |
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Abrams convicted - fliers out windows (WWI protest)
"clear and imminent danger" emphasized in dissent
"marketplace of ideas" - Holmes |
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| extends 1st Amendment to states |
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Whitney convicted
but judges say "wide diff. btwn advocacy and incitement"
remedy for bad speech, "more speech" Brandeis |
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| victory for freedom of speech (after Whitney case) |
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victory for freedom of speech (after Whitney case)
-diff btwn abstract advocacy and crime |
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Smith Act of 1940 (WWII)
convicted under "bad tendency" |
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Smith Act > conviction overturned
set stage for Brandenburg, "imminent lawless action" standard |
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incitement standard established
must be evidence of "imminent lawless action" |
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| West Virginia v. Barnette |
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cannot compel speech
WV mandates flag salute – law ruled unconstitutional
1st Amendment also protects right NOT to speak |
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| Paladin Enterprises v. Rice |
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book Hitman used as guide for man hired to kill wife and quadriplegic son and nurse
book did not advocate murder, just described it; HOWEVER govt does not protect “aiding and abetting” murder/crime
appellate court convicts Paladin, but settlement reached before trial |
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| New York Times v. Sullivan |
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established modern standard of fault in defamation case
o“actual malice” standard – not a matter of whether the information stated was true or false, but if it was stated with actual malice; this applies to public officials (they can’t sue for defamation unless they know there was actual malice)
NYT published ad supporting civil rights, mentioned Sullivan (police in Alabama), Sullivan says he was defamed – court ruled not |
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article about fictional Miss WY, but obviously talking about real Miss WY
• compensatory damages: $1.5 mill; punitive damages $25mill |
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defamation case
greatly broadened definition of “public official” – anyone who holds an important position people care about
o Rosenblatt = local paper journalist
o Baer = former supervisor of county recreation
o R accuses B of financial impropriety in an article in town paper
o at first, court ruled B is not a public official so he doesn’t have to prove actual malice and he wins the case/receives damages
o Supreme Court overturns decision and says B is a public figure and there was no actual malice |
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| Curtis Publishing Co. v. Butts |
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defamation case
Butts = GA football coach, GA Post accuses him of rigging a game
o Butts is a public figure, has to prove actual malice
o Butts wins because proves that Post was negligent in validating truth of accusation |
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| Associated Press v. Walker |
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defamation case
example of public figure (famous general) |
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defamation case
public figures - must prove actual malice standard regarding personal info also |
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defamation case
actual malice is difficult to prove
St. A believed what he said about Thompson |
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defamation case
actual malice is diff to prove
ambiguity of case, error in judgement by Time |
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| Ocala Star-Banner v. Damron |
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defamation case
actual malice diff to prove
honest mistake (name mix-up in article) |
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defamation case
Gertz = private person (more vulnerable_)
establishes 2 types of public figures |
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