Civics and Economic Honors - Unit Quiz #6

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Freedom of Political Speech


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81 Terms

Freedom of Political Speech

Freedom of Speech Original Intent

Freedom of Expression

Freedom of Speech Today's SCOTUS Interpretation


How many limits to Free Expression?


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


spoken defamation


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


Exception to Grokster v MGM

Sexual Harassment

Verbal comment that is: 1) Sexual in Nature, 2) Unwanted, and 3) Consistent


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


  • Article 3, Section 3

  • Only Crime Mentioned in the US Constitution

  • Assisting the enemies of one's own nation


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


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


sexually explicit content in the media

Miller v California

SCOTUS ruled that sexually explicit material may be banned if it meets 3 criteria:

  1. Sexual Content must be intended and obvious

  2. Sexual Content must be ACTUAL sexual conduct which offends community standards

  3. The sexual content must have NO scientific, political, artistic or literary value.


Motion Picture Association of America


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....


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:


Demonstrations may NOT be limited by the Following Permit Restrictions: