Freedom of Expression in American Government

Flashcards covering key concepts, cases, and definitions related to the First Amendment and freedom of expression.

First Amendment

Congress shall make no law respecting the establishment of religion, prohibiting free exercise thereof, abridging freedom of speech, press, assembly, and right to petition the government.

Political Free Speech

Speech that addresses political matters and is protected under the First Amendment.

Schenck v. US (1919)

A landmark case that established the 'clear and present danger' test for limits on free speech.

Bad Tendency

A legal doctrine that allows speech to be restricted if it has a tendency to lead to illegal action.

Abrams v. US (1922)

A Supreme Court case which upheld the conviction of defendants for distributing anti-war leaflets under the 'bad tendency' rule.

Clear and Present Danger

A standard for judging when speech can be lawfully restricted, established by the Supreme Court.

Prior Restraint

Government action that prohibits speech or other expression before it can take place, generally unconstitutional.

Near v. Minnesota (1931)

A Supreme Court case that ruled against prior restraint of publication, reinforcing freedom of the press.

NY Times v. US (1971)

A landmark Supreme Court decision on the First Amendment and prior restraint concerning the Pentagon Papers.

Obscenity

A category of speech unprotected by the First Amendment, defined by community standards.

Jenkins v. Georgia (1974)

A Supreme Court case concerning the definition of obscenity and its protection under the First Amendment.

Libel

Defamation expressed in written form that is not protected by the First Amendment.

Slander

Defamation expressed in spoken form that is not protected by the First Amendment.

Symbolic Expression

Nonverbal gestures and actions that convey a political message, protected under the First Amendment.

Johnson v. Texas (1991)

A Supreme Court case that protected an individual's right to burn the American flag as symbolic speech.