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Freedom of Speech
bleh
10
Communication
Undergraduate 4
10/05/2009

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Cards

Term
Schenck v. United States
Definition
y. 1917
Q. Can gov stop seditious speech?
D. Yes
S. Established "clear and present" in dissent
Term
Abrams v. United States
Definition
1919
Q. Can gov stop sediditus speech?
D. Yes
S. Two Judges dissent on lines of "clear and present"
Term
Gitlow v. United States
Definition
Y. 1925
Q. Does first amendment apply to states?
D. Yes
S. States have to follow free speech
Term
Dennis v. United States
Definition
y. 1951
Q Is the smith act, which made speaking out v. the gov illegal, constitutional.
D. Yes
S. If the evil is great enough, the gov can punish wrong doers
Term
Yates v. United States
Definition
y. 1957
Q. Is teaching doctrine punishable as sedition?
D. No
S. draws the distinction between legal advocay and illegal action
Term
Branndenburg v. ohio
Definition
y. 1969
Q. Can Ohio puinsh KKK leader for talking big in front of the boys.
D. No
S. Established Incitment rules. In order for seditious speech to be punished it must incite illegal action and pose an imediate threat
Term
Four Basic conditions for defemation?
Definition
1. Defemation-something bad said.
2. Indentification - needs to have a person identifable
3. Publication - must be seen by a third party
4. Not till Time-Sullivan, fault. In cases of public officals, they have to person had malice towards their charcahter
Term
Defemation defenses
Definition
1. Truth
2. Tarnished reputation
3. Privlaged communications
Term
New York Times v. Sullivan
Definition
y. 1964
Q can a public offical sue a citizen for critism against their work.
D. No
S: A public offical cannot gain damages for defemation unless they can prove "actual malice"
Term
Gertz v. Welch
Definition
y. 1974
Q. Can a private person sue a publication for defemation.
D. Yes
S: Balances power. An individual does not need to show malice, unless the defendant is the media then the plaintiff has to show at least negligence.
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