Freedom of Expression FInal

What does the First Amendment prohibit Congress from doing?

Congress cannot make laws respecting an establishment of religion or prohibiting free exercise of it, abridging freedom of speech, press, right to assemble, or the right to petition.

What is the definition of freedom of speech?

The right to express thoughts, ideas, opinions, and beliefs without government restriction.

Why is freedom of speech essential for self-governance?

It promotes informed public debate.

What is pure speech?

Verbal or written expression, such as giving a speech or writing an article.

What is symbolic speech?

Non-verbal actions that express ideas, like flag burning or wearing protest armbands.

What does freedom of the press protect?

The right of media organizations to publish content without government interference.

What is the historical significance of the John Peter Zenger Trial?

It established the precedent that truth is a defense against libel.

What does the Establishment Clause of the First Amendment state?

It prohibits the government from establishing an official religion or favoring one over another.

What was the outcome of Engel v. Vitale (1962)?

It ruled that school-sponsored prayer is unconstitutional.

What does the Free Exercise Clause protect?

It protects individuals’ right to practice their religion freely.

What was the key ruling in Wisconsin v. Yoder (1972)?

Amish families were exempt from compulsory schooling beyond 8th grade for religious reasons.

What is the right to assemble?

The right to gather for peaceful purposes, such as protests or rallies.

What does the right to petition entail?

The right to ask the government for changes or remedies, such as through petitions or public protests.

What is the structure of the Federal Court System?

It consists of the Supreme Court, Courts of Appeals, and District Courts.

What is Stare Decisis?

The legal principle of determining points in litigation according to precedent.

What was the outcome of Brown v. Board of Education (1954)?

It overturned Plessy v. Ferguson and declared segregation unconstitutional.

What ancient civilization emphasized the concept of free speech?

Ancient Greece, particularly in the 5th Century BCE.

What argument did John Milton make in Areopagitica?

He argued against censorship and for a marketplace of ideas.

What was a significant outcome of the Enlightenment regarding freedom of expression?

Advocacy for natural rights, including freedom of expression.

What is the Marketplace of Ideas theory?

The idea that truth is discovered through open debate and competition of ideas.

What is the Self-Governance Theory?

The theory that free speech is essential for democracy and informed political decision-making.

What does the Safety Valve Theory propose?

Allowing peaceful expression of dissent prevents more violent forms of protest.

What is Strict Scrutiny?

A standard of review that applies to content-based restrictions, requiring a compelling government interest.

What was the significance of Texas v. Johnson (1989)?

It ruled that flag burning is protected symbolic speech.

What does Intermediate Scrutiny apply to?

Content-neutral regulations, like time, place, and manner restrictions.

What was the ruling in United States v. O’Brien (1968)?

Burning draft cards was not protected due to interference with government interests.

What is Rational Basis Review?

A standard review that applies to laws related to non-fundamental rights.

What constitutes symbolic speech?

Non-verbal actions that convey a message, such as wearing armbands.

What does hate speech generally refer to?

Speech that demeans or attacks individuals or groups based on characteristics like race or religion.

When is hate speech not protected?

When it incites immediate violence or unlawful actions.

What case established that KKK leader’s speech was protected as hate speech?

Brandenburg v. Ohio (1969).

What defines obscenity under Miller v. California (1973)?

Material that appeals to prurient interests, is patently offensive, and lacks serious value.

What is the key distinction between fighting words and incitement?

Fighting words provoke immediate violence towards an individual, while incitement encourages a group to commit illegal acts.

What are true threats?

Statements that a reasonable person would perceive as a serious intent to cause harm.

What was ruled in Virginia v. Black (2003) regarding cross burning?

Cross burning can be considered a true threat if intended to intimidate.

What are the types of public forums?

Traditional, designated, limited, and nonpublic forums.

What defines a Traditional Public Forum?

Public spaces like streets and parks with the highest level of speech protection.

What is the Heckler’s Veto?

When a hostile audience’s reaction leads to the suppression of a speaker’s message.

What was the significance of the Brandenburg Test?

It established criteria for incitement to imminent lawless action.

What is the definition of fighting words?

Speech intended to provoke immediate violence or disrupt public order.

What are the key characteristics of fighting words?

They must be directed at an individual and likely to incite violence.

What distinguishes true threats from other types of speech?

They must be serious expressions of intent to commit harm as perceived by a reasonable person.

What is the stance on high school student speech rights?

They have First Amendment rights, balanced against school discipline needs.

What was the ruling in Tinker v. Des Moines (1969)?

Students were allowed to wear armbands protesting the Vietnam War as it did not disrupt school activities.

What does Bethel v. Fraser (1986) address?

Schools can prohibit vulgar and lewd speech inconsistent with educational values.

What does Morse v. Frederick (2007) clarify?

Schools can restrict speech that promotes illegal drug use during school events.

How are college student speech rights different from high school?

College students enjoy broader speech protections.

What ruling was made in Healy v. James (1972)?

Colleges cannot deny recognition of student groups based on their views unless they disrupt order.

What defines indecency in media regulation?

Content that is offensive but not obscene, regulated primarily during broadcasting hours.

What legal principle did the Miller Test establish?

Criteria to determine whether material is obscene and lacks First Amendment protection.

What was the result of FCC v. Pacifica Foundation (1978)?

The FCC can regulate indecent broadcasts to protect children.

What does Section 230 of the Communications Decency Act provide?

Protection for internet platforms from liability for user-generated content.

What did the Sony Corp. v. Universal City Studios (1984) case establish?

Time-shifting (recording for personal use) is considered fair use.

What implications does AI have for journalism?

AI is used for data analysis and producing news content but raises accuracy and ethics concerns.

What is one focus of the EU's AI Act (2021)?

To regulate high-risk AI applications for transparency and non-discrimination.

What role does the Fourth Amendment play in privacy rights?

It protects against unreasonable searches and seizures.

What does the concept of privacy in the Constitution entail?

Protection for personal information, decisions, and inviolable spaces.

What case established the reasonable expectation of privacy?

Katz v. United States (1967).

What is public disclosure of private facts?

Revealing private information without consent, potentially violating privacy rights.

What does the Lemon Test evaluate?

It assesses whether a government action violates the Establishment Clause regarding religion.

What was the significance of New York Times v. Sullivan (1964)?

It established the actual malice standard for public figures in defamation cases.

What case addressed the balance between free speech and national security regarding prior restraint?

New York Times v. United States (1971), the Pentagon Papers case.

What provides creators exclusive rights over their works?

Copyright law.

What categories of defamation exist?

Libel (written) and slander (spoken).

What case involved the actual malice standard for public figures?

New York Times v. Sullivan (1964).