Test Practice

First Amendment

Protects religion, speech, press, assembly, and petition.

Five key reasons for free speech

Self-government, defend against tyranny, marketplace of ideas, minority voices, safety valve.

Prior restraint

Government halts expression before publication.

U.S. stance on prior restraint

Rarely occurs; speech/news usually not stopped beforehand.

Pentagon Papers Ruling (1971)

Allowed publication; government lacked heavy proof burden.

United States v. Progressive Inc (1979)

Attempted to block a hydrogen bomb article.

Outcome of Progressive case

Injunction dropped once information shown unclassified.

WikiLeaks/Manning 2010 significance

First Espionage Act prosecution for published leaks.

Sedition

Advocating violent overthrow of government.

Sedition Act of 1798

Banned false/scandalous government criticism; led to 15 convictions.

Sedition Act of 1918

Made it a crime to print disloyal or profane language against the government.

Schenck v. U.S. ruling (1919)

Case upheld conviction for draft pamphlet; established clear & present danger test.

Holmes Doctrine

Government can stop speech posing a clear danger.

Smith Act (1940)

Crime to advocate or belong to groups that aim to overthrow the government.

Brandenburg v. Ohio ruling (1969)

Speech is protected unless likely to cause imminent lawless action.

Symbolic speech

Expressive conduct that conveys a message, e.g., flag burning.

Tinker v. Des Moines ruling (1969)

Students can wear armbands without shedding their rights.

Morse v. Frederick ruling (2007)

Schools can punish student for pro-drug speech.

Fighting words

Words that by utterance incite immediate breach of peace.

Chaplinsky v. New Hampshire ruling (1942)

Established the fighting words doctrine.

Time, place, and manner restrictions

Government may limit how and where speech occurs for safety and order.

Fourth Amendment

Protects against unreasonable searches and seizures; warrants need probable cause.

FDR's Four Freedoms

Freedom of speech, worship, freedom from want, and freedom from fear.

Newsgathering rights for journalists

Journalists do not have more access to information than the public.

Legal actions journalists face

Trespass, harassment, fraud, misrepresentation.

Houchins v. KQED Ruling (1978)

Established that there is no special press access to prisons.