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Definition
Schenck was responsible for distributing a circular which the court said contained "impassioned language"
Ultimately the Court UPHELD Schenck's conviction of violating the Espionage Act of 1917 |
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| Brandenburg v. Ohio (1969) |
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Definition
| Convicted of violating a state statute that prohibited inciting violent action and advocating unlawful methods of industrial and political reform. The Supreme Court OVERTURNED his conviction stating that the Ohio statute was not constitutional |
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| An Anti-Semitic publisher accused the chief of police of failure to pursue a "Jewish gangster" in his newspaper. State wanted to use prior restraint to keep it from being published. The Supreme Court ruled that prior restraint was UNCONSTITUTIONAL. |
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| Red Lion Broadcasting v. FCC (1969) |
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Definition
| Broadcasting company challenged the constitutionality of FCC rulings regarding equal time. Supreme court held the right of free speech is not violated when the FCC acts to ensure the broadcasting spectrum to benefit the public. |
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| Roth v. United State (Companion case: Alberts v. California) |
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Definition
| Samuel Roth and Alberts were both convicted (Roth by a federal statute and Alberts by a state statute) of mailing/selling was what deemed as obscene materials. The Supreme Court ruled that obscenity is NOT protected by the 1st amendment. Upheld their convictions. |
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| Miller v. California (1972-1973) |
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Definition
| Man was convicted of mailing unsolicited, sexually explicit material in violation of the same California statute. Supreme Court ruled that Roth/Alberts case was applicable. Upheld the justice's rulings. |
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Term
| FCC v. Pacifica Foundation |
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Definition
| AKA George Carlin's "Seven Words You Can Never Say On Television" Pacifica went to the appeals court to appeal the FCC declaratory order. The court of appeals thought the FCC decision as nonsense, but the Supreme Court found in FAVOR of the FCC. |
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Definition
AKA The Janet Jackson Wardrobe Malfunction
Supreme Court has recently sent back the case to the federal appeals court in Philadelphia. The court ruled that the FCC acted arbitrarily and capriciously. |
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| The 1st major case involving profanity sice the George Carlin case. A federal appeals court struck down an FCC policy on indecency noting that regulations barring the use of "fleating expletives" on radio and TV violated the 1st amendment because they were somewhat vague and could inhibit free speech. |
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