Freedom of Speech

Bethel School District v. Fraser (1986)

Ruled students can be suspended for speech considered to be lewd or indecent; ruled (7-2) that school officials did not violate a student's free speech and due process rights when he was disciplined for making a lewd and vulgar speech at a school assembly.

"clear and present danger"

A legal standard used to determine when speech or expression can be restricted under the First Amendment, focusing on whether the speech poses a significant and immediate threat to public safety or national security.

Citizens United v. Federal Election Commission (2010)

Money is speech; the Court found that laws restricting the political spending of corporations and unions are inconsistent with the Free Speech Clause.

Gitlow v. New York (1925)

The first Supreme Court decision applying the First Amendment's free speech protections to abuses by state governments; The Bill of Rights extended to the states through the 14th Amendment. States may forbid speech and publications if they have a tendency to result in action dangerous to public security, even if they don't create a clear and present danger.

Hazelwood School v. Kuhlmeier (1988)

Speech that is reasonably viewed as dangerous for schools can be regulated by the school without violating the 1st Amendment; the court found that articles written in the school newspaper are not subject to 1st Amendment, freedom of speech rights for student journalists.

Hustler Magazine v. Falwell (1988)

Reversed a lower court's judgment for intentional infliction of emotional distress against a publisher, noting that the First Amendment protects publishers' free speech and press rights from such claims made by public figures regarding materials that are clearly labeled as parodies.

Morse v. Frederick (2007)

Ruled that a student who hung a banner 'Bong Hits 4 Jesus' at a school-supervised event could be suspended as punishment for what the court called 'sophomoric' behavior; the Supreme Court ruled that it is not a denial of the First Amendment right to free speech for public school officials to censor student speech that they reasonably believe encourages illegal drug use.

Near v. Minnesota (1931)

Established that the government cannot impose prior restraint (censorship) on the press.

New York v. Sullivan (1964)

Justices ruled that a newspaper had to print false and malicious material deliberately in order to be guilty of libel; The Court held that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity).

New York Times v. U.S. (1971)

The Court said the right to publish all statements is protected under the First Amendment. The Court also said in order to prove libel, a public official must show that what was said against them was made with actual malice - 'that is, with knowledge that it was false or with reckless disregard for the truth.'

Schenck v. United States (1919)

Ruled that freedom of speech and freedom of the press under the First Amendment could be limited only if the words in the circumstances created 'a clear and present danger.'

Tinker v. Des Moines (1969)

Affirmed students' First Amendment rights to free speech in public schools, ruling that wearing armbands to protest the Vietnam War was protected symbolic speech unless it caused a substantial disruption.

Texas v. Johnson (1989)

The high court agreed that symbolic speech - no matter how offensive to some - is protected under the First Amendment; stated that burning the U.S flag is protected under free speech.

Preferred Position Doctrine

Specific human rights (freedom of religion, speech, press) have a prerogative over other laws.

No Prior restraint

Freedom from censorship or rules telling a newspaper in advance what to publish.

Imminent danger

Remarks inciting violence can be punished.

Neutrality

Must not favor one group over another.

Clarity

Clear definitions of what is permissible.

Least restrictive means

Minimally necessary to restrict one right over another.

Brandenburg v. Ohio (1969)

Established the imminent lawless action test - which remains the 2 pronged standard used today.

The Miller Test for defining obscenity

As defined by Miller v. California (1973) - The average person finds that it violated contemporary community standards. The work taken as a whole appeals to prurient interest (lustful and lewd) interest in sex and the work shows patently offensive sexual conduct. The work lacks serious redeeming literary, artistic, political or scientific merit.

Libel

Writing that falsely injures another person.

Slander

Defamation in spoken form.