First Amendment Midterm

Schenck v. US issue?

Poltical Heresy

Schenck v. US ruling?

Clear and Present Danger Doctrine

Gitlow v US issue?

Political Heresy

Gitlow v US ruling?

First amendment applies to States; reaffirmed Bad Tendency Doctrine

Brandenburg v Ohio issue?

Political Heresy

Bradenburg v Ohio ruling?

The incitement standard

West Virginia’s State Borad of Edu v Barnette issue?

Compelling speech

West Virginia Stae Borad of edu v Barnette ruling?

Can’t force students to say Pledge of Allegiance or any other compelled speech

New York Times v Sullivan issue?

Defamation

New York Times v Sullivan ruling?

Actual Malice

Gertz v. Welch issue?

Defamation

Gertz v Welch ruling?

Priv individuals need more protection and need not actual malice standard; protects media from excessive monetary awards

Hustler Magazine v Falwell issue?

Privacy/ intentional infliction of emotional distress

Hustler Magazine v. Falwell ruling?

Public figures cannot sue for emotional distress

Burstyn v Wilson issue?

Religio-moral heresy/blasphemy

Burstyn v Wilson ruling?

Blasphemy is not a basis for suppressing ideas; granted movies protection as free speech for the first time.

Epperson v Arkansas Issue?

Religio-moral heresy/ evolution/ Darwinism

Epperson v Arkansas ruling?

Public schools cannot require teaching/learning of any religious dogma

Kingsley international Pictures v Regents issue?

Religio-moral heresy/ obscenity

Kingsley international pictures v Regents ruling?

Rejected idea that an immoral idea = obscene

Roth v US issue?

Religio-Moral heresy/ Obscenity

Roth v U.S ruling?

Pnscemtou defined; not protected by 1st amend

Reno v ACLU issue?

Religio-moral heresy/ Communication decency act

Reno v ACLU ruling

Internet speech entitled to first amendment protection

Why is free speech important?

1. Without it our liberties are more easily threatened

2. diversity of thought is essential to progress

3. keep government in check in terms of overreach

4. its the foundation for a functioning public sphere

what is the public sphere

its the realm of social life where something approaching public opinion can be formed

What does public opinion refer to?

It refers to criticism and control which a body of citizens formally and informally, practices vis-a-vis the ruling state apparatus

What is the function of the public sphere?

to act as a space of mediation between society and the state

What is needed for the public sphere to exist?

free speech

Why should we care about free speech?

1. know about the rights afforded via 1st amend

2. know bout the limitations on free speech

3. know what is protected and not protected by first amend

4. ability to fully advocate for yourself and others

Issues within the first amendment?

religion in the public sphere, profanity and obscenity, government spying and national security concerns, political protest, symbolic and controversial speech, commercial speech, rights to speak at work and school, speech as a civil right and why its foundation of all the other civil rights you value

What are the five clauses to the first amendment?

1. establishment: no establishment of religion

2. free exercise: exercise any religion

3. speech: abridging the freedom of speech

4. press: freedom of the press

5. assembly and petition: can’t stop poeple from peaceably assemble and petition the government for a redress of grievance

What is the hierarchy of US law?

city, state law, state consti, acts of congress, consti

What are the sources of law?

Constitution: highest law/ trumps all

statutes

adminstrative law

common/case law

precedent

Facts about statues as a source of law?

laws passed by lawmakers

• some libel laws, some obsecenity laws

• there are some passes that have nothing to do with consti, but still necessary

Trumps common law

Facts about administrative laws

laws made by gov agencies

defeated by statutes but beats common law

Facts about common/case law

judge written law in the absaence of everything else, Judge-Made Law

What does precedent mean

what courts have done previously

What is stare-decisis

let the decision stand

What does holding mean in legal terms?

how a case is decided and on what basis

What does dicta mean in legal terms?

reasons around/for a holding, but not the holding itself

What does petition for certiorari mean in legal terms?

Request for SCt to hear your case

What does writ of certiorari mean in legal terms?

grant from SCt to her case (1.1% chance)

What is procedural justice?

speaks to the idea of fair processes and how people’s perception of fairness is strongly impacted by the quality of their experiences and not only the end result of these experiences

An individual perception of procedural is based on 4 central features of the interactions with legal authorities?

1. means that political authorities play by the rule

2. given a voice

3. decision maker was neutral and transparent

4. whether the decision maker conveyed trustworthy motives

What is substantive justice?

on how the legal sys uses laws to constrain and direct human behavior.

What influence the degree people perceive substantive justice?

Is influence by the perception of procedural justice

What are the 3 branches of gov

Legislative, executive, judicial

facts of congress

435 people in house

100 in senate

bill must pass both and be signed by pres to become law

Whats in the executive branch?

Pres, VP, and executive agencies

commander in chief of armed forces

runs federal agencies

can pardon any person convicted of fed crime

appoint judges, ambassador, us attorney, agency head, members of regulatory commissioners

Facts of judicial system

SCt is top court but other courts operate according to a hierarchy

SCt: 9 justices term begin first monday of Oct