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Supreme court ruled that Schenck's activism against the draft during World War 1 was not protected, introduced the clear and present danger test. |
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Ruling that production of leaflets advocating strikes against munitions production could be punished. Introduction of bad tendency test. |
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Freedom of speech protections apply to state governments. |
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Ruled that states can not censor press material. |
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Adoption of clear and present danger test, Dennis prohibited from organizing communist rallies. |
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Ruled that expressive conducted is allowed. However, upheld conviction on the basis of non-speech components(destroying government property) |
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Obscene material can be regulated more strictly for minors than for adults. |
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KKK demonstration, Imminent lawless action test: can't regulate speech unless it a resultant violation of law is imminent. |
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"Tinker Test", Speech in a school can not be regulated if it causes no disruption. |
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NY Times V. United States |
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Prior Restraint Test, upheld the right of the newspaper to publish the Pentagon papers. |
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Offensive conduct not fighting words, reversed Cohen's conviction for wearing "Fuck the Draft" Jacket. |
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obscene printed materials case, Court definition of obscenity as portrayal of sexuality "without redeeming...value" |
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Resulted in current "average person" community standard in defining obscneity. |
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FCC has the authority to regulate broadcast speech. |
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Bethel School Dist. V Fraser |
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Allowed school to regulate an innuendo-laden speech given in school. |
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Hazelwood School District v. Kuhlmeier |
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Ruled that Schools could regulate speech in school paper because paper is funded by school. |
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reversed a law prohibiting flag burning. |
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