Victim of attack--in Columbia

Como Tribune prints her name

Precedents should be followed

--Stabilizes the law

Near Vs. Minnesota

and year

1791-the first amendment to the constitution

Substantive law is the statutory or written law that governs rights and obligations of those who are subject to it. Substantive law defines the legal relationship of people with other people or between them and the state.

NO limits

SOME damages

-Involves ambassadors

-has a state as a party

Appellate jurisdiction is the power of a court to review decisions and change outcomes of decisions of lower courts.

• jurisdiction
  • over the person
  • over the subject matter

Missouri bans bad language on cars and t-shirts

LOOK UP GEORGIA

Gitlow vs. NY 

What year?

1925

itlow v. New York, 268 U.S. 652 (1925), was a historically important case argued before the United States Supreme Court in which the Court ruled that the Fourteenth Amendment to the U.S. Constitution had extended the reach of certain provisions of the First Amendment—specifically the provisions protecting freedom of speech and freedom of the press—to the governments of the individual states. 

treason

seditious libel

1663 published book about the right of revolution

executed for treason

took seditious libel cases--excercised torture

• William Prynn - wrote a book condemning everyday things such as long hair, dancing, etc.
  • “actress are notorious whores” and the queen had been in a play...
• Found guilty and sentenced for life in the pillory. and his ears was cut off. and his face was branded on each cheek.
• Star Chamber discontinued
• Prynn is released

• John Milton (author of Paradise Lost)
  • wrote a book on the liberalization of divorce
  • wrote a book on the freedom of the press

Peter Zenger - a New York Publisher.

•  
  • prior to the revolution, the governor was crowned
  • nullification
    • the jury acquitted Zenger
• Zenger talked shit on gov.. got in trouble

Alien and Sedition Acts

•  
  • Crime to conspire to oppose any measure of the United States
  • increased the time it takes to become a citizen from 4 years to 15
  • In the shadow of the 1st Amendment, we had editors and publishers going to jail for questioning the government
  • a congressmen was given 4 months in jail for talking about Adams
  • Adams passed the sedition act to try and silence Thomas Jefferson
  
  

suspended the Writ of Habeas Corpus

1917

• can get up to 20 years in prison
• obstructing military recruitment
• cause disloyalty in the US military
• Post Master General was given the power to exclude from the mail, what he considers to be illegal or seditious.
  • 100 periodicals were banned from the US postal system
  • 1,900 people prosecuted
• Revolution in Russia in 1917, people were afraid of communism

1919-Socialist party member 

Didn't like the draft

Resulted in Holmes'-Clear and present danger

Learned Hand

•  
  • gravity - improbability = invasion of speech
  • high gravity - low improbability = high invasion of speech
  • low gravity - high improbability = low invasion of speech

Brandenburg v Ohio

& 

What year

1969

• brandenburg was the leader of the KKK, he was planning a rally and he brought a reporter along.
• the supreme court has to decide if he is inciting people
• overturns the decision

• intent
• imminence
• likelihood

Ethnic Intimidation statute

Could icrease punishment if the person the crime was against was selected because of race, religion, sexual orientation

• an "Ethnic Intimidation" statute
  • could increase punishment if the person the crime was committed against was selected based on race, religion, sexual orientation, etc.
  • motivation is always something used for determining punishment
  • allows the use of a laundry list style wording for this type of statute
  
  

Cutting off speech before it is made

--seek injunction to stop future speech

--Mandatory injunction if you want someone to do something

Pentagon papers

allows your case to be heard in the kings court

-jury

-only damages

-no jury

-no writ

damages, injury etc.

Near Vs. Minnesota

Year

1931

• James Near starts a newspaper
• after the first edition, someone shot Near's partner
• there existed a statue that allows for abating a newspaper
• what is the primary purpose of the 1st amendment?
  • prevention of prior restraint

• obstruction of military recruitment (national security interest)
• publishing troop movement
• obscenity
• incitement of violent overthrow of government
• to ensure a fair trial (gag orders)

Combined information that previously existed and gave instructions for creating a H-bomb

Combined info considered dangerous when all put together

Snepp v. US

Year

1980

No books about CIA agents-Gov won injunction

Court can question if something should be classified

-referring to CIA or similar gov orgs

• Hazelwood newspaper, Spectrum, was deemed to be fluff, so they changed their content
• Principal objects to two of the stories
  • one on teen pregnancy
  • one on how divorce was effecting people in high school
• She says that her 1st amendment rights have been violated. She lost at the trial level. Principal loses on appeal. Principal wins at Supreme Court.
• Students do not necessarily have all the same rights as adults
• Schools do not have to put up with messages that are inconsistent with the schools education
• The school board will decide what is proper for the schools, not the federal court system
• educators don't offend the 1st amendment by editing the style and content of a school sponsored 

Suspended kids for wearing arm bands protesting Vietnam war

-2 fundamental rights for kids in schools

1.  Can't cause disorder

2.  Can't collide with other student rights

• can restrict the time, place, and manner of protests
• can not restrict the content
• has to restrict evenly. equal protection.

• picketing at a private residence
• the doctor wins
• the ordinance prohibited all picketing that targeted residences
• "protection and preservation of the home"
• very political issue
• streets and sidewalks are public forums
• because it is content neutral, it is more easily accepted.
• a complete ban on picketing targeted on residences is acceptable.

• Freedom of Access of Clinic Entrances
• whoever by force or threat of force interrupts or interferes with can be fined up to $10,000 and given prison time

Threats over the internet

Strict Scrutiny 

3 things

COMPELLING GOV INTEREST

NARROWLY TAILORED

LESS RESTRICTIVE

• an ordinance that did not let Ladue display any signs in their yard
• Margaret Gilleo put out a yard sign that said to say no to war etc.
• she filed a 1983 action
• she was awarded a preliminary injunction against the city
• she made a new sign that read "for peace in the gulf" on an 8.5x11 paper and hung it in her window
• Ladue said the ordinance was content neutral (even though you could have some signs)
• No flat bans on signs in Ladue, but Ladue had an ordinance that allowed messages on flags, but not on pennants.
• The government has no right to restrict residential expression. there is no substitute for residential signs.