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| Common Law is derived from...? |
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| an organized body of statutory law |
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| In legal terminology, a code is...? |
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| a field of civil law which include situations in which citizens owe a standard duty of care to their fellow citizens |
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Definition
| cases involving "federal question" and "diversity of citizenship" exceeding $75,000 are likely to be handled by who? |
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Definition
| torts, family law, contracts, and litigation over real property are more commonly heard in...? |
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| the process by which limitaions initially applied to the federal governments alone are applied by courts to the states. |
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| over breadth, under inclusivness |
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| judicial standards that can make a law unconstitutional |
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Term
| absolutism theory, political speech theory, preferred position balancing and access theory |
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Definition
| historically argued theory of First Amendment interpretation. |
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Definition
| a "time, place, manner" limit on speech must be "content-_______" ? |
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| The colonial printer whose acquittal led to a reduction in seditious libel prosecutions |
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| Hugo Black and William Douglas |
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Definition
| 2 US Supreme Court Justices who were known for their "absolutist" view of the 1st Amendment |
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| a statute against pornography depicting children |
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Term
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Definition
| directly restricting a "fundamental right," such as speech, requires a ___?____ government interest |
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Term
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Definition
-recognized truth as a defense against libel charges
-seen by many anti-federalists, notably Jefferson and Madison, as a threat to free expression.
-inspired resentment against Federalist Party, although no more than 25 people were charged with violating it |
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Definition
-they seemingly violated the 1st Amendment only a few years after it was ratified
-they contributed to the popular mood that helped elect Thomas Jefferson
-The Supreme Court did not rule on their constitutionality while they were in effect
-they were never used to prosecute Federalists |
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Term
| Why does the 1st amendment apply to the states today? |
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Definition
| the due process clause of the 14th amendment |
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Term
| Justice Oliver Wendell Holmes |
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Definition
Articulated the famous clear and present danger test in Schenck v. US (1919)
Also dissented in Abrams v. US (1919), objecting to the application of "clear and present danger" defending the concept of the marketplace of ideas |
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Term
| "Pentagon Papers" (NYT v US) overruled because...? |
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Definition
| the government did not adequately prove that national security was in jeopardy in this particular case |
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Term
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Definition
| Lovell v. Griffith, Marsh v. AL, etc. |
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| Near v MN: speech can be restricted if it involves...? |
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Definition
troop movement
obscenity
speech that threatens the security of common life. |
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Term
| Texas v. Johnson SC ruled the 1st amendment protects what? |
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Definition
| those who desecrate the American flag as a political protest |
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Term
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Definition
| much of the local newsrack law remains in flux some jurisdictions have ruled cities can ban them outright in some areas. |
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| anti-abortion protesters... a medical facility |
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Definition
| Hill v. CO SC upheld a law forbidding _____ demonstrators to enter an 8-foot floating buffer zone around persons approaching _____ |
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