1st Amendment Flashcards

Gitlow v. New York (1925)

Freedom of speech basic right

No state can deny

Incorporation

applying the Bill of Rights to the states

Nationalization

If State level court denied rights you can take case to federal court

Establishment clause

Congress cannot establish a religion

Free Exercise Clause

Government shall not interfere with religion

Everson v. Board of Education

The wall-of-separation between Church and State

Lemon v. Kurtzman

Three tests are described for deciding whether the government is improperly involved with religion

Equal Access Act

schools cannot deny use of facilities for any political, philosophical, or religious reason

pure speech

Verbal communication of ideas and opinions

symbolic speech

Using actions and symbols rather than words to convey an idea

Allowed Symbolic Speech

Hanging Red flags

Students wearing black bands

Burning of US Flags

Seditious Speech

speech urging resistance to lawful authority or advocating the overthrow of the government

Clear and Present Danger

Government can interfere with speech if it will lead to evil or illegal acts.

Bad Tendency Doctrine

speech that can cause or incite illegal activities, which can be limited

Defamatory Speech

false speech that damages a person's good name, character, or reputation

Prior Restraint

government censorship of information before it is published or broadcast

Near v MN

Case centered on censorship - government cannot censor something.

NY Times v US (1971)

only a free and unrestrained press can expose goverment deception, pentagon papers published

Sheppard v Maxwell

free press versus fair trial, limits to freedom of press during trial

Judge Measures

Move Trial

Limit reporters

Sequestered Jury

Limit published information