Term
| 1st Amendment Protections |
|
Definition
R.A.S.P.P.
- RELIGION
- ASSEMBLY OR ASSOCIATION
- SPEECH
- PRESS
- PETITION THE GOVERNMENT
|
|
|
Term
|
Definition
| CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF; OR ABRIDGING THE FREEDOM OF SPEECH, OR OF THE PRESS, OR THE RIGHT OF THE PEOPLE PEACABLY TO ASSEMBLE, AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES. |
|
|
Term
Brandenburg v. Ohio (1969)
KKK leader spoke at small rally in front of burning cross. Convicted for Advocation violence via teaching criminal syndicalism. Fined $1000 & 10 years prison |
|
Definition
| US Supreme Court unanimously reversed opinion |
|
|
Term
|
Definition
States cannot punish advocacy of the use of force/violating laws except where such advocacey is directed toward
1) inciting/promoting
2) imminent lawless action
3) and such result is likely to occur.
** still used today |
|
|
Term
Cohen v. California (1971)
"Fighting Words"
Cohen wore jacket saying "F**K" the Draft"
Convicted for disturbing the peace by offensive conduct.
Sentenced 30 Days in Prison |
|
Definition
Supreme Court- Reversed 6-3
Justice Harlan read opinion
Not fighting words, because not directed at anyone. Not considered obscenity case doesn't fall under Roth Test.
Justice Black dissent:
Cohen's actions- Absurd & immature antics. Mainly conduct, little speech. Within sphere of chaplinsky v. New Hampshire, so state can convict. |
|
|
Term
FCC v. Pacifica (1978)
"Fighting Words"
George Garland -12 minute- Radio Monologue
7 words that cannot be used on TV & Radio
Said over and over again. |
|
Definition
Appellate Court Reversed
Supreme Court Reversed 5-4
Justice Stevens read
Rule: Consistent with 1st Amendment, Indecent/Profane speech may be regulated on broadcast media.
Based on Nuisance Rationale under which all context is important. The time of day & vulnerability of audience emphasized. |
|
|
Term
Bethel v. Fraser (1968)
"Fighting Words"
Senior High School Student - Gave speech in front of 600 students - encouraging election of class president. The school said his speech was an extended sexual metaphor.
Suspended 3-4 Days & could not speak at graduation. |
|
Definition
Supreme Court Decision 7-2
Chief Justice Burger
Vulgar speech and lewd conduct is wholly inconsistent with the fundamental values of public school education.
Ruling: A high School may prohibit vulgar, lewd or offensive speech. |
|
|
Term
New York Times v. Sullivan (1964)
Hustler v. Falwell (1998)
Public Standard for Liable |
|
Definition
| Must prove actual malice for defamation(NYT), and also for damages relating to intentional infliction of emotional distress(Hustler) |
|
|
Term
Gertz v. Robert Welsh, Inc (1974)
Cox Broadcasting v. Cohen (1975)
Private Standard for Liable |
|
Definition
| Must prove negligence on part of publisher(Gertz), However, publishers cannot be liable for damages when they are publishing truth from public records.(Cohen) |
|
|
Term
|
Definition
| In First Amendment law, a prior restraint is government action that prohibits speech or other expression before it can take place. There are two common forms of prior restraints. The first is a statute or regulation that requires a speaker to acquire a permit or license before speaking, and the second is a judicial injunction that prohibits certain speech. Unconstitutional |
|
|
Term
Near v. Minnesota (1929)
"No Prior Restraint"
Near was publisher of Saturday Press. An older version of Enquirer. State statute passed shutting newspaper down.
Lost trial
Lost appeal |
|
Definition
Supreme Court Ruled 5-4
Justice Hughes
In the absence of an exceptional circumstance, prior restraints against publication violate the Free Press provision of the First Amendment.
** This is equivalent to censhorship |
|
|
Term
NYT v. US (1971)
"no prior restraint"
NY Times and Washington Post tired to publish "History of U.S. Decision Making Process on Vietnam Policy" Nixon Administration tried to stop via injunction saying Top Secret- Sensitive |
|
Definition
Supreme Court ruled 6-3
Justice Black
Prior restraints are generally prohibited, even dealing with "top secret-classified" government documents. |
|
|
Term
Boy Scouts v. Dale (2000)
"Freedom of Association"
Dale, leader in boy scouts announced he was homosexual. Boy Scouts revoked homosexuals.
The initial court ruled for Dale |
|
Definition
Supreme Court Ruled 5 to 4
Chief Justice Rehnquist
Expressive associations need not accept members whose presence significantly impacts their ability to advocate their viewpoint, barring strong countervailing policy reasons.
* Said went against the oath of the Boy Scouts
* Justice Stevens dissent- Anti-gay agenda not present in Boy Scouts. |
|
|
Term
Roberts v. Jaycess (1983)
"Freedom of Association"
Women and older (over age 35) men could not be regular members.
Discrimination suit filed |
|
Definition
Supreme court ruled unanimous
The government may regulate to force expressive associations to admit other members if that regulation:
1) serves compelling state interests
2) Which are unrelated to suppressing ideas
3) that cannot be achieved through means significantly less restrictive on association. |
|
|
Term
|
Definition
| The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion. |
|
|
Term
| Van Orden v. Perry (2005) "Establishment Clause" One monument among many others had ten commandments on lawn of a public park. Van Orden filed suit against gov. Perry. Said violated Est. Clause of 1st Amendment Dist. Court Ruled it had secular purpose among other monuments. Appellate court affirmed |
|
Definition
| supreme court ruled 5-4 Affirmation Displaying religious Content(like the 10 Commandments)in public places is not necessarily an establishment clause violation. This was not placed as a religious message. Doesn't inhibit or porhibit religion. Matter of tradition. |
|
|
Term
McCreary v. ACLU (2005)
"Establishment Clause"
McCreary County put up display of Ten Comm. in Court House. Referenced book of Exodus. ACLU sought injunction on display. Before Court could rule, they put up more. Said 10 Commandments bases for Kentucky code of law. |
|
Definition
Supreme Court Ruled 5-4
Justice Souter
Displaying religious content (like ten commandments) in public places can violate the Establishment Clause. When published as a religious message. Used Lemon Test |
|
|
