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Established “clear and present danger” test
Did not have the first amendment right to tfreedom of speech against the draft during World War I
Upheld Espionage act of 1917 |
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| Grosjean v. American Press Co |
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Definition
Separate sales tax on newspapers with circulation over 20,000
Unanimous overturn, unconstitutional tax |
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Criminal anarchy law
Get involved in state affairs if state is violating rights
Nationalizes first amendment
14th amendment has extended reach of certain provisions of first amendment |
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Except in rare cases prior restraint violates first amendment
Anti-Semitic newspaper editor |
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Jehovah witness blocked by sanctions to pass out literature
Supreme court banned such a sanction
An ordinance broadly regulating the distribution of literature within the city limits was unconstitutional on its face |
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Picketing
The free speech clause protects speech about the facts and circumstances of a labor dispute |
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Term
| Chaplinsky v. New Hampshire |
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Definition
Jehovah witness verbally threatening cop
A criminal conviction for causing a breach of peace through the use of “fighting words” does not violate the Free Speech guarantee of the First Amendment |
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Definition
Clear and probable danger would be formed by this
Communist Party leader
Guilty by plurality
Around time of Red Scare |
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Smith act (conspire against govt)
Distinction between encouraged to do something and believing in something
Statement of an idea v. advocacy |
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Burning draft cards
Not OK to burn, justified by the significant govt. interest in maintaining an efficient and effective military draft system |
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Definition
Supreme court refined the clear-and-present danger test to prohibit speech that is likely to incite imminent lawless action
Law so broad that it could be used to punish people doing no more than talking about using violence
Clansmen Clarence |
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Term
| Tinker v. Des Moines School District |
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Definition
Vietnam arm bands
Students do not leave constitutional rights at the door of the school house |
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Definition
| States cannot prohibit the display of a four letter expletive on the soul grounds of that it has a general tendency to disturb peace |
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Pentagon Papers
In order to exercise prior restraint, the govt. must show sufficient evidence that the publication would cause a grave and irreparable danger |
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Definition
Any attempt by the government to force a newspaper to publish rejected content by the editors violates first amendment in four ways: prior restraint, if a publisher is forced to carry more his cost increase result of penalty that constitutes taking property, if all this took place it would lead editors to steer clear of controversy
Government has no business anything about what they are going to print |
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ADVERTISING
Underground newspaper ran ad for an abortion clinic
State law in Virginia to not advertise = unconstitutional law
Speech is not stripped of first amendment rights just because printed in advertisement
If you have an ad that offers legal ideas =OK |
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Term
| Village of Skokie v. National Socialist Party |
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Definition
Socialist protesting in Jewish communities
A speaker who gives notice of his intentions before hand is not “fighting words” you can choose to not be there |
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Definition
National Secrets
Magazine publishing secret of the H-bomb
US dropped the case/Moot |
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Term
| Consolidated Edison Co. v. Pub. Serv. Com. NY |
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Definition
Solidified time, place and manner doctrine
State can regulate time, place and manner, but not content |
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Definition
Tested whether a person surrenders prior restraint rights to the govt. through contract
Ex CIA who wrote book about Vietnam without submitting it for approval
CIA’s violation of this obligation to submit writings for review impairs the CIA’s ability to perform its statutory duties |
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Term
| Heffron v. International Society for Krishna Consciousness |
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Definition
Refined its position on time, place and manner
Test is established: 1. Must be content neutral 2. Serve significant govt. interest 3.Leave ample alternative channels |
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Term
| Hazelwood School District v. Kuhlmeier |
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Definition
| Censorship is OK because the school owned the newspaper |
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Definition
Flag burning
Symbolic speech represented
Dissenting: Flag burning is an inarticulate grunt |
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Term
| R.A.V. v. City of St. Paul |
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Definition
Tests a city ordinance forbidding the display of symbols or objects aimed at provoking groups based on race, creed color, religion or gender
Cross burning
Supreme court reverses unanimously, holding that the ordinance was unconstitutional. Not all agreed why
Too narrow, to broad |
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