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| extends the first amendment to all branches and levels of government, Gitlow based his defense on the 14th Amendment -- among the liberties guaranteed in 14th is freedom of press as in the 1st Amendment |
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| Schenk published pamphlets protesting the US involvement in WWI, convicted under Espionage Act -- maybe the pamphlets would've been OK another time but not now b/c of the situation USA is in -- "every act depends upon the circumstances in whicih it is done" |
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| "The Saturday Press" newspaper (public nuisance), prior restraint is unconstitutional but in some cases may be OK but the burden of proof is on the government |
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| flag burning case -- burned at Republican Natl. Convention but flag burning is still a right |
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| Simon & Schuster v. Crime Victims Board |
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| States were saying that criminals couldn't sell the right to their books/movies/etc. -- Supreme Court struck down NY ordinance because it prohibited specific speech. Supreme Court said such a law may be OK if written mroe narrowly. |
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| can't make laws against a specific group (time/place/manner) |
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| law was restricting Krishnas at MN state fair, but it was OK b/c the law applied to EVERYONE (made people distribute literature from a booth) |
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| NY had regulation against repeated soliciting of money at airports -- "forum" case, asking for the money is not OK |
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| black armbands -- in order to censor free expression the schools would have to prove disruption |
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| HS principal censored newspaper by removing 2 pages -- Supreme Court ruled in favor of school district b/c it was a school-curriculum based newspaper instead of a public forum |
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| one of the Pentagon Papers cases, it was ruled OK to print the info b/c it was historical and didn't pose any threat now |
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| "H-Bomb Case" -- writer researches how to make h-bomb, didn't make it to Supreme Court b/c some little newspaper published it first, but US govt. got to exercise prior restraint |
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| teens burned cross on black family's yard, Supreme Court said 'race, color, creed, reglion, and gender" is not all inclusive and doesn't ban all speech, meaning the law is content-based which is bad |
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| "Incitement Standard" -- Brandenburg was in KKK and threatened the President & Congress if they didn't stop holding down the white race, but you can only ban speech if its likely to cause a problem and this guy wasn't |
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| used case to re-write "Clear and Present Danger Standard", whitney was big philanthropist charged w/ being in communist party, basically if acts are going to cause immident danger then suppression is OK but if "talking it out" could work things out then no |
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| Chaplinsky v. New Hampshire |
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| "The Fighting Words Case," Supreme Court said Chaplinksy (a Jehovah's Witness) was not OK to yell obsenities to a policeman who was trying to repremand him b/c it will immediately cause violence |
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| First Amendment protects the distribution as well as the publication of ideas, opinions, and news -- had to get license to distribute literature in city of Griffin |
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| Tornillo had been critized in the Herald and wanted "equal time" to print his rebuttal but the courts said newspapers can print what they want |
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| the U.S. Supreme Court held that the purpose of the ordinances to keep the streets clean and of good appearance was insufficient to justify prohibiting defendants from handing out literature to other persons willing to receive it |
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| school made a spoof newspaper, students got upset and were able to opt out of student media fee -- SC said it was unconstitutional to control/bribe student newspapers w/ funding |
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| students wanting to make chapter of SDS - school wouldn't recongize them, SC says it was prior restraint and the burden of proof is on the school to prove its disruptive |
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| Papish v. University of Missouri |
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| Papish distributed her own newspaper on MU's campus and was expelled -- SC said she had to be reinstated |
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| one of the "Pentagon Papers" cases -- Supreme Court said info was OK to print b/c it was historical and not currently a threat |
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| school yearbook case when Kentucky States U wouldn't distribute yearbook b/c they didn't like cover -- there's no difference between censoring the words kids use to describe their college experience and making them publish a state-sponored script, but in either case the govt. alters student expression |
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| Grossjean v. American Press Company |
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| corrupt govt. taxed newspapers with large circulations b/c they critized govt. but court said you can't puntitively tax newspapers |
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| Keefe was a corrupt real estate guy & the org for a better austin started publishing pamphlets against him, austin couldn't get the courts to agree to stop them b/c it was banning a specific kind of speech |
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| applied Hazelwood to higher ed -- didn't make it to Supreme Court but just 7th dist. court of appeals, court said prior review depends on forum theory |
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| seditious libel -- jury nullification b/c jurors ignored the law and said that no one should be imprisioned for printing govt. criticism that was true and fair |
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| theory that the value of freedom of expression is successful self-government |
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| great liberal member of the Supreme Court |
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| religion, press, speech, assembly, petition |
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| content neutral, no complete bans, substantial interest, narrowly tailored |
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| aimed at dissent and opposition to the war, it was a crime to cause or attempt to cause insubordination, disloyalty, mutiny or refusal of duty in the armed services |
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| made it a crime to obstruct the recruiting service |
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| all rights are equal (not pref pos.) |
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| no interference with first amendment rights should be tolerated -- NO LAW means no law |
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