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Ceballos, with the DA's office, found that a sheriff misrepresented facts with a search warrant. He notified the DA, who wouldn't drop the case, so he told the defense. The SC found that speech by a public official is only protected if engaged in as a private citizen. |
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| Gitlow, a socialist, distributed a pamphlet advocating the overthrow of the gov't. He was convicted under a state criminal anarchy law. The SC held that the state acted lawfully even though the pamphlet caused no action using the "bad tendency" test -- actor can be punished b/c he wanted the uproar, even though there wasn't one. |
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Replaced bad tendency test with clear-and-present-danger test. Schenck, a socialist, printed a pamphlet opposing the draft. The SC held that Schenck's conviction was constitutional. |
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| Brandenburg, a KKK leader, made a speech and was convicted under the state syndicalism law, which said he couldn't advocate crime or assemble with a group that advocates it. The SC said it violated his 1st Amdmt. right to free speech. They said the state law was overbroad b/c it made no distinction between advocacy and likelihood of criminal acts. |
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Johnson burned a flag in protest of Reagan. He was convicted under a state anti flag-burning law. State court of appeals reversed the conviction. 5-to-4 decision held that flag-burning is protected speech under the 1st Amdmt. Also said the state law was unconstitutional. |
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Chaplinsky v. New Hampshire |
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| Chaplinsky, a Jehova's witness, called a city marshal a "God-damned racketeer" and "a damned fascist." He was convicted under state law for a breach of peace. The SC upheld the conviction because obscenity and fighting words are not protected speech. |
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In 1974, the SC declared unconstitutional a statute that required newspapers to print replies to published attacks on political candidates. |
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Tinker v. Des Moines School District |
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| Tinkers wore black armbands to school in protest of the Vietnam War. They were suspended from school after refusing to remove them. The SC held that the principal lacked justification for imposing such a limit and failed to show that the forbidden conduct would substantially interfere with the school's discipline. |
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School-sponsored newspaper went to principal before publication. He thought 2 articles were inappropriate and wanted them withheld. The SC held that the principal acted lawfully since the paper was school-sponsored and represented a conglomerative opinion. |
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University tried to apply the Hazelwood high school precedent to case of withholding a yearbook. The SC ruled in favor of the students, saying that the Hazelwood case doesn't apply to colleges. |
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| Frederick held up a sign at a school event that said "Bong hits 4 Jesus." Principal Morse made him take it down and suspended him, under a school statute that disallowed advocacy of drug use. The DC ruled in favor of Morse. The SC reversed the decision because the sign promoted drug use, contrary to the mission of the school. Said Tinker would not always apply. |
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Board of Regents v. Southworth |
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School required an activity fee that funded political organizations. Southworth sued, saying it impinged on his 1st Amdmt. rights. Lower courts sided with Southworth. The SC held that the school could charge the fee if the benefitting organizations are neutral. |
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The SC ruled that a state law that targeted publishers of "malicious" or "scandelous" newspapers violated the 1st Amdmt. Precedent to New York Times v. U.S. |
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New York Times v. Sullivan |
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| Ad in the NYT that said the arrest of MLK Jr. for perjury was part of a campaign to destroy his efforts for integration. Sullivan, Montgomery county commissioner, filed a libel suit. Under Alabama law, Sullivan did not have to prove harm and b/c there were fact errors, they coudn't prove truth. The SC ruled against Sullivan b/c there was no actual malice. |
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Milkovich v. Lorain Journal Co. |
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SC ruled that purported opionions (e.g. "In my opinion Jones is a child molester.") are not protected speech, if they connote provably false statements of fact. Wrestling coach was called a liar by a journalist. |
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SC ruled unconstitutional damages assessed against a newspaper for publishing the name of a rape victim, which was mistakenly given to the press by police. |
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Cohn's 17-year-old daughter was raped and killed in Georgia. A TV station broadcast her name after retrieving it from public record, in violation of a state statute. The SC held that the state statute violated the constitution. |
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Cantrell v. Forest City Publishing Co. |
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A reporter quoted Cantrell in his story even though he didn't actually interview her. The SC found that he acted with actual malice. |
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Escaped convicts took Hill family hostage, then released them unharmed. A book, then a play were made. Time mag published an article with many of inaccuracies from the play. Hill sued Time, but the SC said that was protected speech. |
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What are the sources of law? |
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Statutes, Common Law, Administrative, Constitutional, Executive Actions, Law of Equity |
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What is an Article III judge? |
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A federal judge, who is appointed for life, during "good behavior." |
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Who are the current supreme court justices? Who is the Chief Justice? |
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Stephen G. Breyer, Clarence Thomas, Ruth Bader Ginsburg, Samuel A. Alito Jr., Anthony Kennedy, John Paul Stevens, Antonin Scalia, David H. Souter, CHIEF JUSTICE: John G. Roberts Jr. |
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What are the terms of federal judges? How are they appointed? What are the requirements for staying on the job? How do they end their job tenure? |
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Life. By the president with confirmation from the Senate. Good behavior. By impeachment, retirement or death. |
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United States v. Progressive Inc. |
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Prior restraint matter: A federal court stopped the publication of of an article about the hydrogen bomb. The case was dropped after another publication ran a story with the same information. |
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