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You have been harmed by the law or another party
Ex: Saying the Pledge of Allegiance (Optional) Freedom of Speech |
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| Determines the facts what exactly happen it is usually the state and local courts |
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| Determines the facts Federal fact finding courts |
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| Deals with issues of the law this is where you go to appeal the decision of the trial an district court |
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One federal court superme in the whole US but every state has a supreme court
If your case fails in state you can go too US Supreme once a decision is made it is final |
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The Majority opinion is the overall decision of the court
5 jury is the majority |
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| These people agree with the final decision and disagree with the reason behind the decision |
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| Is when they disagree with the decision and how the decision came about |
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| Formal Request from the Supreme Court |
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Judicial Review
Where did it come from? |
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The courts have the power to analyze the law and determine if its constitutional law or not constitiutional
A= Marbury v Madision
This gave the Supreme and Courts and general the power to review the acts of the government and determine if there constitutional or not |
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Differences is the severity of punishment
Criminals are sued by the gov't (fines, death, jail time)
Civil is sued by private individual or corporations (money) |
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Burden of Proof
criminal and civil |
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The one who accuses must prove (your innocent to til your proven guilty)
Plantiff- must prove that the defendant is in the wrong
For criminals (beyond a reasonable doubt)
For civil law (must show preponderance of evidence) |
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any elected body creates these law
ex: president, mayor |
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Any law that comes from judical opinions
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| When a judge makes a written law more fair |
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Agencies that make laws
ex: FDA,CDC,FCC |
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Laws created by *elected offical
Ex: mayor, governor, president |
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| Laws from other countries can be applied to us or vice versa if a treaty is present |
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The Bill of Rights exist to protect us, the citizens, from the government
Key components= Speech, Press... 14th amend says bill of rights applies to states as well both federal and states both have to follow the bill of rights.
Private person is excluded
Public Forum, and Non Public |
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There are lots of exceptions to the first exceptions to the first amendment ; The Words No Law Do Not Mean No Law.
(Congress Shall make no law applies to all gov't)
(there are tons of laws that restrict speech) |
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The Sedition Act of 1798 in summary states it is a crime to publish “any false, scandalous and malicious writings” to harm the state as in the country, the president or even the Congress, with the intention to defame their character and turn the citizens of the country against them.
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Expression(Hate Speech)
Conduct (Hate Crime)
Hate speech is fine because your expressing myself
Hate crime is malicious
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| "If All Mankind Minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person than he if he had the power would be in silencing mankind." |
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We dont need the first amendement we need responsibe speech
We need to be more tolerant and considerate of others |
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The Fourh Estate is the press
Need to be able to watch and criticize the government does
John Peter Zenger (critized the gov't for going along with the king and not the colony) |
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| The regulation covers to much speech it covers prohibted and protected speech |
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When a statute is written so vague that people from a common intelligence cant agree on its meaning
Unclear to peole of common intelligence |
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Hesistant to engage in protected speech
Because it covers so much you dont know what you can and cannot say WORD!!!
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Whats is usually protected speech can now be punished by some
Some people see thing as a crime some people wont |
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| Content Based Restrictions |
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| Regulation that is based on its content |
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| View Point Discrimination |
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If your regulate what one group to another it is viewpoint discrimination
(Death To Jews/Nazis) |
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Necessary- has to be narrowly defined cant be vague or broad
Compelling gov't interest (national security) |
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| Content Neutral Regulations |
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Its not based on viewpoint
We can regulate based by Time Place, and Manner restrictions |
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Does it advance important interest
Leaves other options |
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| If you regulate speech based on its content, the regulation, with a very, VERY few limited exceptions, will fail; you can regulate it based on Time, Place, and Manner, factors, which is not based on content |
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| Regulation of Symbolic Conduct |
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Speech and Press
Substantial government intrest ( that is independent of the expression)
Porn is okay but child porn is not |
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Prior Restraint
Where does it come from? |
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Regulating speech before its actually said
Near v. Minnesota (1931)
Was taken to court from getting
If you publish anything causing a scandolous outrage the government can stop it
You can punish after it is said not before |
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| New York Time V US (1971) |
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Secreatary wanted a report of Vietnam War
Daniel Esberg(wanted the report)
Photocopied info is not stealing
US Gov told him to stop publishing
Gives info to a senator/congress but it was voted down
Info got our and everybody knew
US Govt got mad and called it a Prior restraint |
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| With a very few exceptions, you cannot punish/censor speech until after it is expressed |
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A area that is traditonally open to expression
Ex: Park, Sidewalk |
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| A forum which is not historically open to speech or expression but is to speeech by practice or policy |
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| Regulation on Speech on Public and Limited Public Forums |
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Content Neutral
Regulation cannot be about the content
Important intrest
Leave options |
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If its not public or limited it is the default category
Its about non place (time place manner)
Content Neutral
The regulation has to be reasonable to ensure the operation of that non public forum
Ex:prison (letters can be censored) |
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Seditious libel hindered journalists or the press from publishing anything whether true or false that would damage the state or the church reputation, and “reduce public respect” and that notion of reducing the respect of official was the real crime (2).
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Licensing required the press to get a permit to print out their public publications; this system limited and restricted what the media publicized to the public. Lewis states that system created a “valuable printing monopolies” that stopped any “unorthodox opinions” by the press on the government or church displayed publicly (1).
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| Truthful & False Allegation |
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| To determine if laws are constitutional or not |
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Everybody puts out their ideas, Some are bought some are not bought
The weak ideas will not make it in the marketplace |
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(Alex Meiklejohm)
To govern ourselves we need to influence the people we elect into office. Must persuade our representatives
To criticize the government when they make a mistake |
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Doesnt focus on speech
As humans we need to fully expressing ourselves
Critcism- Speech is no more important than other forms of expression
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| If all people (minority) are able to say their ideas it relieves tension |
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