Civics and Economic Honors - Unit Quiz #6

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:
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.

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:

Synder v Phelps

SCOTUS rules that the 1st Amendment protects demonstrations w/ offensive speech EVEN if it causes great emotional distress

American Nazi Party v Skokie, IL

Synder v Phelps Precedent Case

STATE

Gun Regulations are typically at the ____ level.

National Firearms Act

1) Outlaws Fully Automatic Weapons (Machine Guns)
- Except with an ATF Permit
2) Outlaws Sawed-off Shotguns

Gun Control Act

Signed by LBJ in response to the JFK assassination.
- Requires mail/online order firearms to be delivered to an FFL Dealer before transfer to a US Citizen

Brady Handgun Violence Prevention Act

Requires a background check before the purchase of a handgun

Assault Weapons Ban

Outlawed 19 types of Semi-Automatic, military style, assault rifle (expired 2004)

Safer Communities Act

- Enhances Background Checks for Firearm Purchases (Juvenille Records)
- Federally Criminalizes Straw Purchases
- Clarifies FFL Dealer Definition
- Boyfriend Loophole closed/Banned gun ownership for ppl with a Domestic Violence Record

US v Miller

SCOTUS Upholds the National Firearms Act

Wash DC v Heller

SCOTUS rules laws banning handguns outright for law abiding citizens are unconstitutional AND the 2nd amendment guarantees the right to a personal firearm apart from militia

McDonald v Chicago

SCOTUS incorporates the DC v Heller ruling to the states

NY Rifle and Pistol Association v Bruen

SCOTUS rules the 2nd Amendment includes the right to carry a gun outside the home

Posse Comitatus Act

a federal law preventing the US military from acting in domestic law enforcement, except as determined by congress

Riots, Natural Disasters, Post-Nuclear Attack, War on Drugs, and Post Terrorist Attack

5 Congressional Exceptions to Posse Comitatus Act

Martial Law

can be declared by either governors or presidents (INSURRECTION ACT)

Search Warrant

Warrant

Probable Cause

good reason to believe a crime has been committed

Affidavit

a sworn statement that is signed by a law enforcement officer, attesting to facts and circumstances justifying a search

Terry v Ohio

SCOTUS rules that police pat downs may occur under two conditions:
- Suspicious Behavior
- Concealed Weapon Probability

Tennessee v Garner

SCOTUS establishes police guidelines for the use of "deadly force"

New Jersey v TLO

SCOTUS rules that public school searches may occur with either:
- Student Consent
- Reasonable Suspicion

Reasonable Suspicion

a level of suspicion which is less than probable cause

Riley v California

SCOTUS rules that vehicles may be searched under any of the following conditions:
- Traffic Ticket
- Probable Clause (Plain View)
- Consent of the Driver (NOT OWNER)

Drivers/Passengers AND entire contents of the vehicle

Extent of Vehicle Searches

CELL PHONES

Riley v California Exception

Rochin v California

SCOTUS ruled that body searches may include the following if necessary:
- Strip Search
- Body Cavity Search
- Body Fluid and Breath Test

Forced Surgery

Body Searches may not include....

ICE and TSA

The greatest search powers of any law enforcement agencies in the US

Search Warrant, Probable Cause, or Consent

ICE and TSA does NOT need:

Implied Consent

Search Powers of ICE and TSA are derived from...

Mapp v Ohio

SCOTUS ruled that evidence illegally seized by law enforcement is not admissible in the US courts

Inevitable Discovery

Exception to Mapp v Ohio