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Landmark Freedom of Speech Cases
Assortment of key cases regarding 1st Amendment protections of speech.
18
Law
Undergraduate 4
09/23/2009

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Cards

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