Term
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Definition
| Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. |
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Term
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Definition
| No STATE shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property without due process of law. (Freedom of Speech is one of the most important liberties.) |
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Term
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Definition
| Original purpose of the first amendment |
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Term
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Definition
1. Obscenity
2. Incitements to Violence
3. Fighting Words
4. Defamation
5. False Commercial Speech
Political speech is fully protected even if they lie. State can do nothing but victim can sue for libel. |
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Term
| Limitations on First Amendment Protection |
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Definition
1. Medium (Print, Internet, Broadcast, Cable, Satellite)
2. Time, Place and Manner
3. Categorical Speech (see Speech Restrictions) |
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Term
| Limitations on Protection for Different Media |
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Definition
Print and Internet are fully protected
Broadcast - Not fully protected (uses a public resource and uniquely available to children).
Cable and Satellite: Not fully protected - same as broadcast but fewer restrictions because you have to pay for it. |
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Term
| Time, Place and Manner Restrictions |
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Definition
4-prong test
1. Must be content neutral (e.g., "commercial handbills")
2. Not a complete ban on communication
3. Justified by a state interest (e.g., allowing people to sleep)
4. Narrowly tailored ( |
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Term
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Definition
| Must not be trying to get at the message itself. |
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Term
| No complete ban on communication |
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Definition
| 3am film - you could do it another time, so don't ban it all together |
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Term
| Supports a Substantial State Interest |
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Definition
| Have to have a good reason (e.g., allowing people to sleep). |
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Term
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Definition
| No films from 12 am to 6 am |
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Term
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Definition
| Based on 14th amendment - Law must be clear. Law must be able to be understood. If it is too vague it cannot be enforced. |
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Term
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Definition
| First amendment - Applies to freedom of expression. If a restriction includes other protected speech. |
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Term
| How has purpose of 1st Amendment Expanded? |
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Definition
| It applies to almost everything now. |
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