ch 19 section c

treat something sacred with irreverence or disrespect

profane

insulting or scandalous

scurrilous

the Supreme Court upheld the conviction of a man for sending leaflets to 15,000 draftees urging them to resist the call to military service

Schenck v United States

the Court held that merely urging a person to believe something, in contrast to urging someone to do something can not be made illegal

Yates v United States

laid down a three-part test to define obscenity

Miller v California

censorship imposed on expression that prohibits particular instances of expression.

prior restraint

most famous case (New York Times v United States)

Pentagon Papers

court order

injunction

gives reporters some protection against having to disclose their sources

shield laws

communicating ideas by conduct

symbolic speech

patrolling of a business site by striking workers

picketing

silence or smother

squelch

speech for business purposes

commercial speech

“freedom for the thought we hate.”

Oliver Wendell Holmes

false or malicious use of the printed word

libel

false or malicious use of the spoken word

slander

knowledge that is false or with a reckless disregard of whether it was false or not

malice

offensive to the senses

obscene

crime to attempting to overthrow the government by force or to disrupt its lawful activities by violent acts

sedition

advocating of such behavior and is not protected by the Constitution

seditious speech

Congress first acted to curb opposition to the government

Alien and Sedition Acts

crime to encourage disloyalty, interfere with the draft, obstruct recruiting, incite insubordination in the Armed Forces, or hinder the sale of government bonds

Espionage Act

rebellion or disobedience

insubordination