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| the Supreme Court said the First Amendment protects the advocacy of violent overthrow of the government when expressed in a in a theoretical sense. Speakers are protected so long as they don’t advocate a specific, actual action. |
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| Real estate agent (Keefe). A community group posted pamphlets Keefe’s detailed the blockbusting practices. Blockbusting was a practice that Keefe used to scare white families out of neighborhoods and move elsewhere. Keefe asked the court to issue an injunction to stop distributing pamphlets. State court granted injunction, but Supreme Court overturned it. |
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| A book written on how to commit murder. Somebody was murdered and the family tried to sue the publishing company → LOST. The book was not telling anybody to kill anybody. Just how to do it. |
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| Grojean v. American Press Co |
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| Can’t tax the press in a different way than any other business. |
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| Arkansas did not violate first Amendment when it taxed cable TV sales while not print media. Tax of general applicability/did not target content of mass media. |
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| Jailed for publishing attacks on gov’t, got off because the attack was “fair/true” → the court ignored sedition law. Jury nullification: the power of a jury in a criminal case to ignore a law and return a verdict according to its conscience |
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1. Prior restraints on speech are presumptively unconstitutional: burden falls on gov’t to prove that prior restraint is justified
2. Scope of prior restraint must be very narrow as to only stop what is intended |
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| Jay M. Near published articles that attacked city corruption and gov’t officials. Minnesota statute empowered courts to declare a newspaper a public nuisance. Supreme Court overturned this – it’s prior restraint, which can only be used in exceptional circumstances, like obscenity or wartime. |
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NY Times & Washington Post published stolen, top secret documents relating to Vietnam War. Attorney Gen. John Mitchell asked NY Times to stop publication, they refused. Eventually Appealed to the SC. Gov’t argued that papers’ publication might result in irreparable harm to the nation and foreign affairs. Papers argued 1st Amend rights. Court ruled in favor of papers.
→ Loss for gov’t, not win for papers, because of the reason behind the ruling: gov’t failed to prove why prior restraint was necessary |
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| US v. Progressive Magazine |
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| Reporter gathered info from unclassified sources in a library on how to build an H-bomb. Article was to run in the April 1979 issue of Progressive Magazine. The US District Court ruled Progressive Mag could be enjoined from publishing the article as specific details were not necessary to carry out an informed debate on the nuclear issue. Then some other magazine published a similar article before the case was finished. |
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| Attempts to prevent convicted criminals from making money off of the publication of their crimes. |
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| Upheld a permanent injunction baring Thurston Bell from promoting and selling unlawful tax advice. Fed gov’t fought and won a district court injunction stopping Bell from engaging in false, deceptive or misleading commercial advice. |
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| Students do not shed rights at schoolhouse gate. Three kids went to school with black armbands with peace signs, all were suspended. It was later ruled that they could express themselves as long as they weren’t interfering with appropriate discipline and didn’t infringe on other’s rights. |
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| Hazlewood School District v. Kulmeir: |
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Acceptable to censor a high school newspaper on certain circumstances
1. If the content interferes with appropriate discipline
2. Interferes with rights of another student
3. Fails to meet standards of academic propriety
4. Generates health and welfare concerns
5. Matters that obscene, indecent, or vulgar |
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| Barber v. Dearboin Public Schools |
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| (2003) Barber wore a t-shirt with Bush and “International Terrorist.” Only one student complained to the principal. Barber refused to remove the shirt and he was sent home. Judge applied the Tinker precedent: “No evidence that the shirt created any disturbance or disruption in Barbers… classes” |
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| A student suspended for making a sexually suggestive speech. Court held that schools can punish students who use lewd/indecent language that is unrelated to any political viewpoint. Speech was without relation to educational purpose and undermined the school’s basic educational mission. Also, Bong Hits 4 Jesus Case (Morse Case). |
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| KSU could not ban the distribution of college yearbook when they did not approve of content. |
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| KSU could not ban the distribution of college yearbook when they did not approve of content. |
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| Margaret Gilleo posted a 8-by-11 poster in a window of her house protesting the Persian Gulf War. The city barred residence from having posters in their windows. Supreme Court struck this down, ruling that posting of signs on residential property is a “venerable means of communication that is both unique and important. A special respect for individual liberty in the home has long been part of our culture and our law.” |
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| Supreme Court struck down an Ohio law that prohibited the distribution of anonymous election campaign literature. "Anonymity is a shield from the tyranny of the majority." |
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Speech cannot be censored merely because it offends or annoys.
Road rage, defendant made rude gestures, said obscene and racist things at two women who had pulled in front of him in rush-hour traffic. No law can prohibit speech just because it may annoy -- it may, though, prohibit speech that may incite violence. |
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| Chaplinksy v. New Hampsire |
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Chaplinksky, a Jehovah's Witness, attracted a hostile crowed has he attempted to distribute religious pamphlets. Called an intervening officer a "God-damned racketeer" and a "damned fascist." Chaplinksky was tried & convicted of violating a state law that forbids offensive speech/name-calling in public.
Supreme Court affirmed. FIGHTING WORDS DOCTRINE comes about. Certain words are not acceptable in certain contexts because they are used to incite violence. |
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| Supreme Court struck down an ordinance that forbade the burning of a cross or Nazi Swastika. SC said this ban was content-based. |
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| SC ruled that a state could prohibit cross burning IF it's purpose was to intimidate the victim. |
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| Mary Alice Firestone was going through a divorce. She held press conferences because she was part of affluent society to try to get her side of the story out. When she sued Time Mag for libel, they claimed she was a public figure, SC disagreed. Divorce = not a public concern. Not a role of especial prominence. HAS to go to court to get a divorce. |
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| Wolston v. Readers Digest |
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| Ilya Wolston was the nephew of two well-publicized American communists arrested during Red Scare. He was picked up, forced to go to court many times, but there was never any link found. 15 yrs later, Readers Digest published a book that id'ed him as a Soviet agent. He sued for libel. SC ruled he was a private citizen -- he had been pulled into the spotlight. |
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| Proxmire, US senator, gave out "The Golden Fleece" award, because Proxmire believe this person was wasting taxpayer $. Proxmire gave award to Hutchinson, a researcher. He was ruled by the SC to be a private citizen. |
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| Jewell, former deputy sheriff. Discovered a bomb at the ATL Summer Olympics. Became a national "hero," booked an agent, did interviews. Later, became the prime suspect in the investigation (though he was not involved) and sued the ATL newspapers for comments about this. SC ruled that Jewell was a public person because he had actively stepped into the light by participating in media coverage. |
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| Kathy Keeton sued Hustler magazine (Ohio based) for libel in the state of New Hampshire (6 year statute of limitation) -- SC upheld her right to sue in NH. |
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