Studied by 76 PeopleFreedom of Political Speech
Tags & Description
Freedom of Political Speech
Freedom of Speech Original Intent
Freedom of Expression
Freedom of Speech Today's SCOTUS Interpretation
Seven
How many limits to Free Expression?
Defamation
Harm to One's Reputation
Falsehood, Communication to 3rd Party, and Actual Damage
Three Criteria for Defamation
NY Times v Sullivan
SCOTUS ruled that "public figures" must prove a 4th condition
Malicious Intent
NY Times v Sullivan 4th Condition
Slander
spoken defamation
Libel
written/posted standard
Symbolic Speech
Non-verbal Expression
Tinker v Des Moines
SCOTUS rules that public school students may violate dress codes to make political statements
Causing Substantial Disruptions
Exception to Tinker v Des Moines
Bethel v Fraiser
Exception to Tinker v Des Moines: Obscenities
Morse v Fredrick
Exception to Tinker v Des Moines: Advocating Illegal Substances
Mahanoy School District, PA v BL
SCOTUS rules that public schools cannot punish students for what they post on social media when not on school grounds
Bullying and Threats
Exceptions to Mahanoy School District, PA v BL
Texas v Johnson
SCOTUS rules that flag burning is a legitimate form of political protest
Black v Virginia
SCOTUS rules cross burning is not protected as free speech but rather an instrument of terror
Economic Expression
Destruction of US Currency/Coins, False Advertising, and Advertising Limits (Tobacco Products)
Grokster v MGM
Violations for illegal music and movie downloading equally exist for file sharing websites as well as consumers
Parody
Exception to Grokster v MGM
Sexual Harassment
Verbal comment that is: 1) Sexual in Nature, 2) Unwanted, and 3) Consistent
Recipient
Sexual Harassment is based on the perception of...
National Security
Pose a clear and present danger to the US Gov't through words spoken or actions taken
Schenck v US
Clear and Present Danger Doctrine
Treason
Article 3, Section 3
Only Crime Mentioned in the US Constitution
Assisting the enemies of one's own nation
Sedition
encouraging violent action against ANY level of US Gov't and based on perception not intent
Public Safety
expression which poses a threat to citizen safety
Fighting Words
Words likely to Provoke "imminent lawless action"
Brandenburg v Ohio
Fighting Words Courtcase
Assault
Communicating threats of personal violence
Elonis v US
SCOTUS ruled that threats made on Social Media are not illegal if the intent does not exist
Obscenity
sexually explicit content in the media
Miller v California
SCOTUS ruled that sexually explicit material may be banned if it meets 3 criteria:
Sexual Content must be intended and obvious
Sexual Content must be ACTUAL sexual conduct which offends community standards
The sexual content must have NO scientific, political, artistic or literary value.
MPPA
Motion Picture Association of America
CP
Federal Criminal Exception to Miller v California
Child Protection Act
Defines CP as the "sexualization" of anyone under the age of 18
The Communications Decency Act
Extends the federal ban on CP to the internet
Reno v ACLU
SCOTUS ruled that parts of the Com. Decency Act violated the 1st Amendment bc. it didn't define intent
Indecent is Protected
Obscene is NOT
Brown v EMA
SCOTUS ruled that violate media content in video games and films are not to be categorized as obscene
Very Broad
Freedom of the Press is ___ _____ compared to most nations
Freedom of Information Act
Guaranteeing the Public's "Right to Know"
Prior Restraint
Censoring the media before a story is released (4 Exceptions)
US v NY Times
National Security Prior Restraint at WarTime
Incite Violence
If a news report will....
Obscenity
CP Reporting
Hazelwood v Kuhlmeir
If a school principal objects to a school funded newspaper
Time, Place, and Manner
Demonstrations are Limited by the Following Permit Restrictions:
SUBJECT
Demonstrations may NOT be limited by the Following Permit Restrictions: