Term
| Doctrine of Incorporation (Gitlow v. New York) |
|
Definition
| The First Amendment is made applicable to the states through the "due process" clause of the 14th amendment |
|
|
Term
| Prior Restraint (Near v. Minnesota) |
|
Definition
| The U.S. Supreme Court ruled that these types of abuse of power violate the Civil Rights Act |
|
|
Term
| The press and national security (Pentagon papers, New York Times v. U.S.) |
|
Definition
| Prior restraint can be applied only to material whose publication would lead to "direct, immediate, and irreparable damage tot he United States and its people" |
|
|
Term
| Discriminatory Taxation of the mass media (Grosjean v. American Press co.; Minneapolis Star v. Minn. Comm. of Rev) |
|
Definition
| Discriminatory or Censorious Taxation is a violation of the First Amendment |
|
|
Term
| Fighting words doctrine (Chaplinsky v. New Hampshire) |
|
Definition
| Words that tend to incite immediate physical reaction and are said "in your face" are illegal |
|
|
Term
| Content-neutral regulation of speech: time, place, and manner regulation; (United states v. O'Brien) *TEST* |
|
Definition
| Narrowly tailored, content-neutral laws that further a substantial government interest unrelated to the suppression of free expression are constitutional; Under the first amendment, speech cannot be regulated on the basis of its content |
|
|
Term
| Carpenter v. United States (journalistic violation of SEC Act) |
|
Definition
| SEC, trading information as a journalist to other stockholders/using it himself |
|
|
Term
| F.C.C. v. Pacifica Foundation (The seven dirty words) |
|
Definition
| "Dirty words" monologue on the radio at 2 p.m.; It is up to the petitioner to regulate the information being received. Material that is particularly inappropriate for children should be held until times when the child is less likely to consume the material |
|
|
Term
| Ward. v. Rock against Racism |
|
Definition
| Court found that the city had substantial interest in limiting excessive noise and regulation was "content neutral". Government also has an obligation to adopt least intrusive restriction necessary to achieve its goals |
|
|
Term
| Clark v. Community for Creative non-violence |
|
Definition
| A rule against camping or overnight sleeping in public parks is not beyond the constitutional power of the government to enforce |
|
|
Term
| Waller v. New Work (OWS case) |
|
Definition
| The city has the right to put into place regulations that are for the safety of the park and the public, even if that means not allowing persons to spend the night or set up structures. |
|
|
Term
|
Definition
| Burning the U.S. flag in protest against the government is protected by the 1st amendment |
|
|
Term
|
Definition
| Using indecent speech to protest against the Vietnam war draft is legal |
|
|
Term
| Boy Scouts of America v. Dale |
|
Definition
| A private organization is allowed, under certain criteria, to exclude a person from membership through their First Amendment right to freedom of association in spite of state anti-discrimination laws |
|
|
Term
| Hurley v. Irish-American GLBG of Boston |
|
Definition
| Private citizens organizing a public demonstration may not be compelled by the state to include groups who impart a message the organizers do not want to be included in their demonstration. |
|
|
Term
| Brandenbury v. Ohio (incitement) |
|
Definition
| Hate speech can only be banned if it incites or produces imminent lawless action |
|
|
Term
| Village of Skokie v. National Socialist Party |
|
Definition
| Nazi marchers were still allowed to march because it is the freedom of expression; was not inciting violence. |
|
|
Term
| R.A.V. v. City of St. Paul |
|
Definition
| The St. Paul Bias-Motivated Crime Ordinance as struck down both because it was over broad, proscribing both "fighting words" and protected speech, and because the regulation was "content-based," proscribing only activities which conveyed messages concerning particular topics. Judgement of the Supreme Court of Minnesota reversed. |
|
|
Term
| Virginia v. Black (Cross Burning) |
|
Definition
| Virginia's statue against cross burning is unconstitutional because it places the burden of proof on the defendant to demonstrate that he or she did not intent the cross burning as intimidation |
|
|
Term
| Capitol Square Review and Advisory Board v. Pinette (content-neutral regulation of a public forum) |
|
Definition
| Religious expression does not violate the Establishment Clause when it is completely private and takes place in a designated public forum |
|
|
Term
| Terminiello v. Chicago (Heckler's veto) |
|
Definition
| Where the government arrests a speaker for fear of adverse audience reaction to the speaker's speech is unconstitutional |
|
|
Term
| Papish v. University of Missouri Curators |
|
Definition
| Public universities are not enclaves immune from the sweep f the First Amendment, publishing an indecent cartoon is not grounds for expelling a student. |
|
|
Term
|
Definition
| Yearbook withheld because University did not like the "current events"/lack of school colors; Decided that the Hazelwood v. Kuhlmeier case did NOT apply to college media (that schools can censor students) |
|
|
Term
|
Definition
| Court held that speech can be reasonable viewed to have the school's imprimatur can be regulated by the school if the school has a legitimate pedagogical concern in regulating the speech |
|
|
Term
|
Definition
| The First Amendment, as applied through the 14th, did not permit a public school t punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of other; Eighth Circuit reversed and remanded |
|
|
Term
|
Definition
| Because schools may take steps to safeguard those entrusted to their care from speech that can reasonable be regarded as encouraging illegal drug use, the school officials in this case did not violate the First Amendment by confiscating the pro-drug banner and suspending Frederick. |
|
|
Term
| Joe Doe v. University of Michigan |
|
Definition
| Content based speech codes of public universities are unconstitutional |
|
|
Term
| Sigma Chi v. George Mason University (Ugly woman contest) |
|
Definition
| An "ugly woman contest" is protected expressive conduct under the 1st amendment |
|
|
Term
|
Definition
| The UNiversity;s denying funds available to other student publications, but not to a publications, but not to a publication produced from a religious viewpoint violates the 1st amendment's guarantee of free speech. The University's assertion that the exclusion was necessary to avoid violating the Establishment Clause lacked merit because the funds were apportioned neutrally to any group meeting certain criteria that requested the funds. |
|
|
Term
|
Definition
| The government may not practice viewpoint discrimination in military bases |
|
|
Term
| New York Times v. Sullivan |
|
Definition
| The First Amendment as applied through the 14th, protected a newspaper from being sued for libel in state court for making false defmatory statements about the official conduct of a public official, because the statements were not make with knowing or reckless disredard for the truth. Supreme Court of Alabama reversed and remanded. |
|
|
Term
|
Definition
| Under the First Amendment, there is no such thing as a false idea |
|
|
Term
| Curtis Publishing Co. v. Butts |
|
Definition
| Libel damages may be recoverable (in this instance against a news organization) if the injured party is a non-public official, but claimants must demonstrate a reckless lack of professional stands on the part of the organization in examining allegations for reasonable credibility. |
|
|
Term
|
Definition
| private citizens and neutral reportage |
|
|
Term
|
Definition
| A deliberate alteration of words doe snot equate with knowledge of falsity, unless the alteration results in a material change in the meaning conveyed by the statement |
|
|
Term
| Milkovich v. Lorain Journal |
|
Definition
| The First Amendment does not preclude a newspaper from being sued for libel, when a plaintiff can show that statements published were an attack on reputation |
|
|
Term
|
Definition
| The press has no greater constitutional right to access penal facilities than any member of the general public |
|
|
Term
| Society for Krishna v. Lee |
|
Definition
| Governmental regulation of speech on governmental property is valid if it is reasonable and the primary purpose of the property is to promote free speech |
|
|
