Exam 1 MM Law

Bethel School District v. Fraser

• has to be reasonable expectation for students to not cause disruption by their free speech in order for Tinker to be applied

Bland v. Roberts

• Social Media - liking something on social media is the equivalent of having a yard sign

Brandenburg v. Ohio

• established incitement standard - state can only forbid advocacy for violence when the call is likely to immediately incite violence and illegal acts

Chaplinsky v. New Hampshire

• established fighting words

Daily Herald v. Munroe

• unable to ban some things as they can’t achieve it in any other form of communication

Gitlow v. New York

• all branches of government must apply to first amendment

Grossjean v. American Press Company

• established rules protecting press from unreasonable taxation

Hazelwood School District v. Kuhlmeier

• censorship and prior restraint was permissible because the article is tied to coursework and the school has rules and limitations over it

Hosty v. Carter

• extends Hazelwood to college

Houston Chronicle v. Houston

• can’t outright ban a form of communication, must be specific - TPMR

Lovell v. Griffin

• restrictions on literature distribution without permit is a form of censorship of press

Mahoney Area School District v. BL

• case for student speech rights on social media

• schools can punish students for speech if truly disruptive, but swearing outside of school via social media did not rise to a level to be disruptive

Marsh v. Alabama

• ordinance to ban literature distribution is unconstitutional - can’t have a flat ban on speech and press

Miami Herald v. Tornillo

• compelled speech bad

Morse v. Frederick

• bong hits 4 jesus

• 1st amendment does not protect students when they believe the speech promotes illegal activities such as drug use

Near v. Minnesota

• prohibited prior restraint as form of censorship

RAV v. St. Paul

• gov can’t be selective with groups when making and writing laws

Schenk v. US

• first conviction by sedition act

Texas v. Johnson

• symbolic speech and expressive conduct

Tinker v. Des Moines School District

• students don’t forfeit their right to free speech and expression at the schoolhouse door

US v. Progressive

• H-Bomb case - case raised the specter of prior restraint but no precedent was established

Weirum v. RKO General, Inc.

• incitement standard for radio broadcasting

Whitney v. California

• not speaking out is the equivalent to sedition

First Amendment

• Freedom of Press, Religion, Assembly, Speech, Petition

First Amendment in Times of Conflict

• military controls media

• press pools

• increased in Vietnam War

First Amendment on college campuses

• first amendment freedoms apply on public institutions

• can be restricted on private campuses due to lack of government funding

First Amendment Theory

• Absolutist - when constitution says that the government can’t pass laws against first amendment, then it means NO LAWS

• Access - people need to have access to media

• Balancing - media should be protected, but also balanced

Incitement Standards

• restriction of speech because it is likely to produce or incite violence and illegal acts

Sources of American Law

• Common Law - determined by precedent

• Equity Law - case by case basis

• Legislative/Statutory Law - determined by congress or state legislature

• Administrative Law - executive entity creates laws for its governing body

• Constitutional Law - decided by courts

The Espionage Act of 1917

• effort by Federal Government to address growing opponents of war

• Made it a crime to

  • convey false report in media to interfere with the war effort

  • obstruct recruiting efforts

  • cause insubordination, disloyalty, mutiny, refusal of duty

The Pentagon Papers

• NYT and Washington Post both published articles outlining events that took place in Vietnam

• Originally were in trouble but courts ruled in favor due to the articles being on past historical events instead of current

The Sedition Act of 1918

• made it illegal to print, write, or publish disloyal or profane language intended to cause contempt for gov

• frequent targets include political radicals, foreigners, and publishers of foreign language publications

Time, Place, and Manner Restrictions

1. Go must have a clear interest in the issue

2. Rule must be content neutral

3. Such law cannot constitute a complete ban on specific form of communication

U.S. Court Structure

• Municipal Courts

• District Courts

• State Court of Appeals

• State Supreme Court

• U.S. Court of Appeals

• SCOTUS

U.S. Supreme Court

• issues interpretations of the constitution

• nine justices appointed by president with lifetime employment

• cases that reach SCOTUS have a substantial federal question

• Writ of Certiorari - cases SCOTUS chooses to hear

• If SCOTUS refuses to hear a case, then the decision of the previous court stands