Free Speech in Constitutional Law

These flashcards cover essential concepts and cases related to the First Amendment and freedom of speech as discussed in the Constitutional Law lecture.

Bill of Rights

The first ten amendments to the United States Constitution guaranteeing individual rights.

First Amendment

The constitutional amendment that protects freedom of speech, press, assembly, and the right to petition the government.

Content-based regulations

Restrictions on speech that are based on the subject matter or content of the expression.

Content-neutral regulations

Regulations that apply to all speech without regard to content, typically related to the time, place, and manner of speech.

Clear and present danger test

A judicial standard that allows the government to restrict speech if it poses a clear and immediate threat or danger.

Bad tendency test

A legal standard allowing for restrictions on speech if it has a tendency to incite illegal actions.

Sedition Act of 1798

A law making it a crime to speak or publish malicious material against the government.

Espionage Act of 1917

A law prohibiting interference with military operations or recruitment during wartime.

Political speech

Speech concerning political matters, often given a high level of protection under the First Amendment.

Preferred freedoms doctrine

Legal doctrine that suggests that certain rights, like free speech, should be given extra scrutiny against government restriction.

Brandenburg v. Ohio (1969)

A landmark Supreme Court case establishing that speech advocating for illegal action is protected unless it incites imminent lawless action.

Freedom of association

The right to join with others in groups for social, political, economic, or other purposes.

Imminent lawless action

A standard established by the Supreme Court indicating that speech can only be restricted if it is intended to incite or produce imminent illegal acts.

Fighting words

Speech that is likely to provoke a violent reaction and is therefore not protected by the First Amendment.

Libel and slander

Defamatory written (libel) or spoken (slander) statements that can be subject to legal penalties.

Schenck v. United States (1919)

A Supreme Court case establishing the clear and present danger test concerning free speech.

Gitlow v. New York (1925)

A Supreme Court case that incorporated the free speech clause to apply to the states.

Whitney v. California (1927)

A case where the Court ruled that the membership in the Communist Labor Party was not protected by the First Amendment.