Civics- Freedom of speech court cases

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7 Terms

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Schenck v. United States (1919)

Words that create clear and present danger can be restricted by the government.

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Gitlow v. New York (1925)

Used the due process clause of the 14th Amendment to apply Freedom of Speech to the states.

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Feiner v. New York (1951)

The government can restrict free speech if there is clear and present danger that will cause a disturbance of the peace.

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Brandenburg v. Ohio (1969)

Speech can be restricted if it is directed at starting illegal actions or if its likely to produce such action

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Texas v. Johnson (1989)

Burning the American flag is protected expression under the First Amendment

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Wisconsin v. Mitchell (1992)

Enhanced penalties for hate crimes do not violate criminal defendants First Amendment rights.

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Snyder v. Phelps (2011)

Speech made in a public place on a matter of public concern cannot be the basis of liability for a tort (civil case) for emotional distress, even if the speech is viewed as offensive.