Term
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Definition
y. 1917
Q. Can gov stop seditious speech?
D. Yes
S. Established "clear and present" in dissent |
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Term
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Definition
1919
Q. Can gov stop sediditus speech?
D. Yes
S. Two Judges dissent on lines of "clear and present" |
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Term
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Definition
Y. 1925
Q. Does first amendment apply to states?
D. Yes
S. States have to follow free speech |
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Term
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Definition
y. 1951
Q Is the smith act, which made speaking out v. the gov illegal, constitutional.
D. Yes
S. If the evil is great enough, the gov can punish wrong doers |
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Term
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Definition
y. 1957
Q. Is teaching doctrine punishable as sedition?
D. No
S. draws the distinction between legal advocay and illegal action |
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Term
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Definition
y. 1969
Q. Can Ohio puinsh KKK leader for talking big in front of the boys.
D. No
S. Established Incitment rules. In order for seditious speech to be punished it must incite illegal action and pose an imediate threat |
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Term
| Four Basic conditions for defemation? |
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Definition
1. Defemation-something bad said.
2. Indentification - needs to have a person identifable
3. Publication - must be seen by a third party
4. Not till Time-Sullivan, fault. In cases of public officals, they have to person had malice towards their charcahter |
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Term
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Definition
1. Truth
2. Tarnished reputation
3. Privlaged communications |
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Term
| New York Times v. Sullivan |
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Definition
y. 1964
Q can a public offical sue a citizen for critism against their work.
D. No
S: A public offical cannot gain damages for defemation unless they can prove "actual malice" |
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Term
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Definition
y. 1974
Q. Can a private person sue a publication for defemation.
D. Yes
S: Balances power. An individual does not need to show malice, unless the defendant is the media then the plaintiff has to show at least negligence. |
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