FOE Final Study SCOTUS

Public Forum Case:

Terminello v. Chicago

father ________was a priest who was speaking at a rally in Chicago. an angry mob stood outside and called him names and threw bricks at the entrance. police eventually arrested seventeen people from the mob and __________, who was charged with breaking a Chicago law because he broke the peace and made a speech that angered the public.

Public Forum Case:

Feiner v. New York

After being asked to end a speech twice with the threat of violence, _________was arrested (leftist rally). ________'s arrest was constitutional because of the clear and present danger principle. His arrest maintained peace. it is in the interest of the community and the responsibility of the police to maintain peace.

Public Forum Case:

Brown v. Louisiana

Henry ________ and a few other African Americans did a sit in, in a public library. They were arrested and SCOTUS ruled that this violated their 1st and 14th Amendment Rights

Public Forum Case:

Hurley v. Irish American GLIB Association of Boston

You cannot force a private organization to represent values they do not believe in because this violates their freedom of speech. Refused to allow their organization to parade.

Incitement Case:

Schenk v. United States

Supreme Court case which said freedom of speech could be revoked if it posed "a clear and present danger" to the nation.

He was mailing pamphlets opposing the Viet war during times of war.

"CLEAR AND PRESENT DANGER"

Incitement Case:

Gitlow v. New York

Established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment

He was arrested for distributing a "Left Wing Manifesto" that was in favor of socialism.

Incitement Case:

Whitney v. California

Communism was a threat and freedom of speech could be taken away.

________ had organized a group that was attempting to push communism on the United States that sought to cause economic and political change through violence...

Incitement Case:

Dennis v. United States

a 1951 Supreme Court decision that permitted the government to jail several American Communist Party leaders under the Smith Act, a law forbidding advocacy of the violent overthrow of the U.S. government.

Speech can be restricted when it threatens the countries security.

Incitement Case:

Brandenburg v. Ohio

extended freedom of speech to new limits. Threats of a KKK leader were deemed ok b/c of a failure to prove a real danger from them. Declared that speech is protected unless proven that actions directly incited the action

Created the Brandenburg Incitement Test.

Fighting Words Case:

Chaplinsky v. New Hampshire

The Court ruled that the First Amendment did not protect "fighting words"

__________ was arrested for calling a police officer "A God D#mned Racketeer" and a "D#mned F#scist"

during a public disturbance.

Fighting Words Case:

Cohen v. California

The First Amendment, as applied through the Fourteenth, prohibits states from making the public display of a single four-letter expletive a criminal offense, without a more specific and compelling reason than a general tendency to disturb the peace. Court of Appeal of California reversed.

__________ wore a jacket with the word F#ck on the back, and states cannot use offensive conduct language laws to criminalize viewpoints or specific words.

Fighting Words Case:

Texas v. Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

Fighting Words Case:

R.A.V. v. St. Paul

Teens burned cross on black family's lawn, one charged with displaying a symbol causing anger based on race; law struck down because government can't punish speech/content simply because of disapproval with ideas expressed.

True Threats Case:

Watts v. United States

18 year old opponent of Vietnam war said that he might shoot the president and wanted to get LBJ in his sights if he were inducted into the army; drew laughter from the audience—court said that this was not a threat to the president and was pure political speech

True Threats Case:

Virginia v. Black

Cross burning- illegal if used as an attempt to intimidate another person or group.

True Threats Case:

Counterman v. Colorado

__________ was sending threats and repeatedly sending messages to someone, but was deemed not guilty as they weren't True Threats or that could realistically be acted upon.

Speech in High School Case:

Bethel v. Fraser

Obscenity case. Court ruled that it was appropriate to discipline students for use of obscenity. School Assembly

Speech in High School Case:

Hazelwood v. Kuhlmeier

High School newspapers can be censored by teachers and administrators.

Speech in High School Case:

Morse v. Frederick

A student at a local high school hung up a banner saying "Bong Hits 4 Jesus" which advertises the use of marijuana. The principal ordered that the banner be taken down and the student be suspended. Result: School officials can prohibit students from promoting the use of drugs and does not violate the student's 1st A rights.

Speech in High School / College Case:

Healy v. James

Students want to start a branch of a democratic club at Connecticut state university. President doesnt allow this because he is worried they will be violent. Supreme Court rules that if they allow clubs they must be allowed to every club.

Speech in College Case:

Papish v. Missouri Board of Curators

A graduate student was expelled for distributing an underground newspaper containing indecent speech. It was crude... Court said that colleges are not immune from the First Amendment.

University of Iowa's Free Speech Policies

x

Obscenity v. Indecency Case:

Regina v. Hicklin

_________ published material that was considered obscene, but he argued it was not for criminal purposes.

Isolated passage effect and susceptible person standard known as the Hicklin Test landmark case.

This test is now defunct for obscenity.

Obscenity v. Indecency Case:

Roth v. United States

A Supreme Court decision ruling that "obscenity is not within the area of constitutionally protected speech or press."

Obscenity v. Indecency Case:

Jacobellis v. Ohio

State of ________banned showing of French film The Lovers because it was "obscene". __________showed film and was fined $2,500 and convicted. SCOTUS overturned Ohio ruling film not obscene

"You know it when you see it"

Obscenity v. Indecency Case:

Memoirs v. Massachusetts

Fanny Hill case which, in conjunction with Roth, provided the Roth-Memoirs Test for obscenity:

1. The dominant theme of the material as a whole must appeal to the prurient interest in sex.

2. Court must find that the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters.

3. Utterly without social value.

This Test is now defunct for the Miller Test, our current Obscenity Test.

Obscenity v. Indecency Case:

Miller v. California

A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.

Created the Miller Test, our current Obscenity test. (modified Roth-Memoirs)

Indecency Case:

FCC v. Pacifica

1st amendment does not allow some "indecent" words broadcasted on radio in prime time.

Indecency Case:

Sable v. FCC

1st Amendment does not protect obscene speech, but sexual expression that is simply indecent is protected, thus banning adult access to indecent messages (Phone Sex)

Indecency Case:

Denver v. FCC

This court case revolves around the restriction of offensive programing to a single channel. It allows them to restrict, but a cable manager is not allowed to veto content.

Indecency Case:

Reno v. ACLU

A law that bans sending "indecent" material to minors over the Internet is unconstitutional because "indecent" is too vague and broad a term.

Narrowed the scope of the word indecent.

Indecency Case:

Fox v. FCC

Court upheld the FCC's "fleeting expletives" policy of fining broadcasters for one-time spontaneous uses of curse words (the f-word and close cousins)

Court did deem the regulation was unconstitutionally vague, and that the FCC could not punish stations for such incidents.

Political / Commercial Speech Case:

Buckley v. Valeo

A case in which the Supreme Court of the United States upheld federal limits on campaign contributions and ruled that spending money to influence elections is a form of constitutionally protected free speech. The court also stated candidates can give unlimited amounts of money to their own campaigns.

Political / Commercial Speech Case:

Austin v. Michigan Chamber of Commerce

Supreme Court upheld Michigan law limiting corporate political speech

Political / Commercial Speech Case:

FEC v. Wisconsin Right to Life

Issue ads may not be banned from the months preceding a primary or general election

Political / Commercial Speech Case:

Citizens United v. FEC

A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering.

Commercial Speech Case:

Valentine v. Chrestensen

Commercial speech is NOT protected under 1st amendment. _____________ caught distributed printed handbills in the streets promoting his exhibit of a WWI submarine. not allowed to distribute commercial or business advertising

Commercial Speech Case:

Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council

Consumer Council argued a law against advertising drug prices, and won.

Commercial Speech Case:

Central Hudson Gas & Electric Corp. v. Public Service Commission

This court case established the Central Hudson Test to evaluate whether government regulation of commercial speech is allowed:

1) Lawful and Non-Misleading

2) Substantial Gov Interest

3) Direct Advancement

4) Narrowly Tailored

Prior Restraint Case:

Zenger Trial

1735 trial that promoted the idea of freedom of the press.

Prior Restraint Case:

Sedition Act of 1798

the law made anyone convicted of defaming government officials or interfering with government policies liable to imprisonment and a heavy fine. The act drew heavy criticism from Republicans, who let the act expire in 1801.

Prior Restraint Case:

Near v. Minnesota

the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint.

Prior Restraint Case:

New York Times v. Sullivan

1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth

Freedom of Press and Defamation Case:

Curtis Publishing Co. v. Butts

Public figures must prove actual malice

Freedom of Press and Defamation Case:

Associated Press v. Walker

Case in which Court ruled the AP acted responsibly in reporting an previous Army general encouraged violence against law enforcement during the integration of the University of Mississippi in 1962. Court said AP reporter gave every indication of being trustworthy and competent in his reporting process. Shows that responsible and procedural reporting/journalism can protect a publication from liability.

Freedom of Press and Defamation Case:

Gertz v. Welch

Private person engaged in public controversy need not prove actual malice to recover for defamation.

Freedom of Press and Privacy Case:

Griswold v. Connecticut

Established that there is an implied right to privacy in the U.S. Constitution

1,3,4,5,9

Freedom of Press and Privacy Case:

Katz v. US

This 1967 Supreme Court case prohibited illegal eavesdropping and extending the zone of privacy to include the home, office, person, and immediate public arena.

Freedom of Press and Privacy Case:

Sipple v. Chronicle Publishing Co.

In this case, a prominent man from San Francisco objected to newspapers reporting his sexual orientation after he thwarted an attempt on President Ford's life.

Freedom of Press and Privacy Case:

Lawrence v. Texas

A Texas law classifying consensual, adult homosexual intercourse as illegal sodomy violated the privacy and liberty of adults to engage in private intimate conduct under the 14th amendment.

Engle v. Vitale

Mandatory prayer in schools is a violation of the establishment clause

Tech Liability Case:

Twitter v. Taamneh

Recent case in which the Supreme Court Ruled big companies could not be liable for a Federal Anti-Terrorist Statute because they did not aid and abet terrorism by allowing a terrorist group to promote terrorism on their platform.

Tech Liability Case:

Gonzalez v. Google

Case that argued google aided and abetted in terrorism by allowing ISIS to use youtube to recruit members.

Copyright Case:

Baker v. Selden

Merger Doctrine- if something can only be expressed in one way, the idea and the expression have merged and it cannot be copyrighted

Copyright Case:

Burrows Giles Lithographic Co. v. Sarony

the author is the person to whom anything owes its origin; essence of authorship is originality

Copyright Case:

Sony v. Universal Studios

Sony made video cassette recorder, TV producers sued for infringement

*Ruled consumers could use devices for time-shifting purposes (fair use)

Copyright Case:

Campbell v. Acuff-Rose

Parody is Fair Use

Copyright Case:

A&M Records v. Napster

Napster provided the framework for peer to peer file sharing through a central server. Court ruled it was a contributory infringer and shut it down.