First Amendment Free Speech Exceptions and US Court Systems

Vocabulary flashcards covering First Amendment legal doctrines, landmark constitutional court cases, legal exceptions to free speech, and the structural jurisdiction of US courts.

Buckley v. Valeo

A 1970s Supreme Court case establishing that campaign spending is a protected form of speech under the First Amendment, limiting federal campaign restrictions primarily to contribution limits to prevent bribery.

Texas v. Johnson

A Supreme Court ruling establishing that burning the American flag is a form of symbolic speech protected by the First Amendment when it is nonharmful and expressive.

United States v. Alvarez

A 2012 Supreme Court case holding that lying about military honors, such as winning the Medal of Honor, is protected free speech unless the lie causes direct financial or material harm to others.

Stolen Valor Act

A federal statute prohibiting individuals from falsely claiming military membership, lying about military awards, or wearing unissued official military uniforms.

Time, Place, and Manner Restrictions

Content-neutral rules that allow the government to regulate when, where, and how speech occurs to maintain public safety and order.

In Loco Parentis

A legal doctrine meaning in the place of a parent, granting school officials authority over minor students to restrict speech that could disrupt school proceedings.

Perjury

The crime of intentionally lying or making false statements while under oath in a legal proceeding.

Defamation

A dignitary tort involving a false statement communicated to a third party that causes harm to a person's reputation.

Slander

A spoken or oral form of defamation that harms an individual's reputation.

Libel

A written, printed, or recorded form of defamation.

New York Times v. Sullivan

A landmark civil rights era case establishing that public officials claiming defamation must prove the statement was made knowingly false or with reckless disregard for the truth.

Commercial Speech

Expression in the form of advertising, which receives a lower level of First Amendment protection to protect the public from fraud.

Misappropriation of Likeness

A tort involving the unauthorized commercial or public use of an individual's photograph, image, or identity without their consent.

Trial Court

The introductory court level where evidence is submitted, witnesses testify under oath, and facts are established before a single judge or jury.

Bench Trial

A trial decided exclusively by a judge without a jury.

Intermediate Appellate Court

The middle tier in the judicial system where a panel of judges reviews trial court records to determine if procedural or legal errors occurred.

Jurisdiction

The official legal power and authority of a court to hear a case and issue a binding decision.

Subject Matter Jurisdiction

A court's authority to hear cases based on the specific legal topic or type of law involved.

Personal Jurisdiction

A court's legal authority over the specific individuals, parties, or entities involved in a lawsuit.

Federal Question

A subject matter requirement for federal court jurisdiction involving issues related to the US Constitution, federal statutes, regulations, or treaties.

Long Arm Statute

A state law permitting courts to assert personal jurisdiction over out-of-state individuals or businesses that have sufficient connection to the state.

Minimum Contacts

A legal requirement for establishing personal jurisdiction over an out-of-state defendant through activities such as targeted advertising, shipping goods, or causing injury within the state.