First Amendment Case Law and Speech Definitions

These flashcards cover important Supreme Court cases and critical terminology related to First Amendment rights regarding speech.

Texas v. Johnson (1989)

Flag burning is protected symbolic speech.

Libel

A written expression about a person that is false and damages that person's reputation.

Incitement test

A method used by courts to determine whether to restrict or punish expression based on its potential to cause immediate unlawful behavior.

Hate speech

Bigoted speech attacking or disparaging a social or ethnic group or a member of such a group.

Snyder v. Phelps (2011)

Offensive protest speech is protected.

Symbolic speech

Conduct that expresses an idea.

Fighting words

A legal term applying to words spoken face-to-face that are so abusive that they are likely to cause an imminent fight.

Public forum

Any place, such as a park or street, where First Amendment expression rights are traditionally exercised.

Brown v. Entertainment Merchants Association (2011)

Violent video games are protected speech.

Commercial speech

Speech that is directed at buying or selling goods and services.

Vagueness

Indefiniteness, uncertainty, or lack of clarity in a law.

West Virginia State Board of Education v. Barnette (1943)

Students cannot be forced to salute the flag.

Obscenity

A general term applying to anything that is immoral, indecent, or lewd.

Rubin v. Coors Brewing Company (1995)

Government cannot ban truthful commercial speech about alcohol content.

Overinclusive

A law that is too broad and punishes speech that should be protected.

Slander

Spoken expression about a person that is false and damages that person's reputation.

Matal v. Tam (2017)

Government cannot ban trademarks for being offensive.

Clear and present danger test

A test formerly used by courts to restrict speech when the government thought the speech would create an immediate danger of serious harm.

Terminiello v. Chicago (1949)

Speech that invites dispute is protected.

National Socialist Party of America v. Village of Skokie (1977)

Offensive demonstrations are protected.