Chapters 1 - 7

Question 1

Values of Free Speech

Answer 1

1) The Discovery of truth
2) The Continuance of Self-Government
3) A Check on Government Power
4) A Promotion of Stable Change
5) Individual Fulfillment

Question 2

Checks for the First Amendment

Answer 2

Bad Tendency Test
Clear and Present Danger
Balancing Test
Strict Scrutiny

Question 3

Bad Tendency Test

Answer 3

Does the speech in question have the tendency to cause or incite harm?

Question 4

Clear and Present Danger

Answer 4

Does the speech in question have the tendency to incite immediate action which would be harmful?

1) Who is the speaker? Have they been affiliated with certain organizations? What are their credentials?

2)

Question 5

Gitlow v. New York (1925)

Answer 5

States cannot restrict freedoms that the constitution provides.

Question 6

Brandeburg v. Ohio (1969)

Answer 6

The advocacy of illegal activity is not illegal unless such speech has the tendency to cause immediate harm or incite reactions which would be harmful.

Question 7

Hazelwood v. Kulmeier (1988)

Answer 7

Student’s first amendment rights do not cover speech made through school sponsored activities such as the school newspaper.

Question 8

Wooley v. Maynard (1977)

Answer 8

Illegal for states to force citizens to display the state’s motto on their license plates.

Question 9

Virginia v. Black (2003)

Answer 9

Certain expressions are not covered under the first amendment if the intent to intimidate is proven.

Question 10

O’Brien v. United States (1st Cir. 1967)

Answer 10

Ruled that a criminal prohibition against burning a draft card did not violate the First Amendment’s guarantee of free speech.

Question 11

Cohen v. California (1971)

Answer 11

1) States cannot censor their citizens in order to make a “civil” society.
2) Knowing where to draw the line between harmless heightened emotion and vulgarity can be difficult.
3) People bring passion to politics and vulgarity is simply a side effect of a free exchange of ideas—no matter how radical they may be.

Question 12

Chaplinsky v. New Hampshire (1942)

Answer 12

Created the fighting words doctrine, which is a limitation on the first amendment’s guarantee of freedom of speech.

Question 13

Terminiello v. Chicago (1949)

Answer 13

Fighting words must be targeted at individuals; words spoken at groups cannot be fighting words.

You are not responsible for the actions of those who listen to your speech. If you praise god and they go and burn an atheist’s house, it’s not your fault.

Question 14

Snyder v. Phelps (2011)

Answer 14

Public protest on public grounds cannot be liable for a tort of emotional distress.

Question 15

Near v. Minnesota (1931)

Answer 15

Recognized freedom of the press and roundly rejected prior restraint on publications.

Question 16

Grosjean v. American Press Co., Inc. (1936)

Answer 16

The Supreme Court held that corporations were “persons” for purposes of analysis under the Equal Protection and Due Process clauses of the 14th Amendment, preventing taxation on specific publications.

Question 17

New York Times Co. v. United States (1971)

Answer 17

Allowed the NY Times and Washington Post to publish the Pentagon Papers without government censorship.

Preserved the rights of the press to print information despite the executive authority of the president.

Question 18

Abrams v. United States (1919)

Answer 18

Speech that urges the curtailment of wartime supplies is unconstitutional.

Question 19

Schenck v. United States (1919)

Answer 19

Established the clear and present danger test.

Speech that encourages resistance to the draft was deemed illegal.

Question 20

Nebraska Press Ass’n v. Stuart (1976)

Answer 20

Rejected the prior restraint of a media coverage during criminal trials.

Question 21

Jacobellis v. Ohio (1964)

Answer 21

Nudity is not necessarily obscene if it is artistic or intellectual in nature.

Question 22

Justice Potter Stewart said what famous quote?

Answer 22

Justice Potter Stewart - I’ll know it when I see it.

Question 23

Miller v. California (1973)

Answer 23

Case where the courts defined it’s standard for obscenity to be “utterly without socially redeeming value” to that that lacks “serious literary, artistic, political, or scientific value.”

Also known as the Miller Test.

Question 24

Jenkins v. Georgia (1974)

Answer 24

Establish regulation for the depiction of sexual conduct and the presence of nudity alone does not constitute obscene material.

Question 25

Stanley v. Georgia (1968)

Answer 25

The possession of pornography is not illegal.

Question 26

Reno v. ACLU (1997)

Answer 26

Federal laws prohibiting the display of “patently offensive” and “indecent” online speech violates the First Amendment.

Is the law narrowly tailored enough?

Question 27

Beauharnais v. Illinois (1952)

Answer 27

Illegal to publish or exhibit any writing or picture portraying the “depravity, criminality, unchastity, or lack of virtue of a class of citizens of any race, color, creed or religion”

Question 28

Garrison v. Louisiana (1964)

Answer 28

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Question 29

Ashton v. Kentucky (1966)

Answer 29

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Question 30

Philadelphia Newspapers v. Hepps (1986)

Answer 30

Claims of defamation must be proven false.

Question 31

New York Times v. Sullivan (1964)

Answer 31

Established the actual malice standard for defamation of public figures.

Question 32

Gertz v. Welch (1974)

Answer 32

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Question 33

Bethel School District No. 403 v. Fraser (1986)

Answer 33

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Question 34

Morse v. Frederick (2007)

Answer 34

Established faculty’s right to suppress certain forms of speech at school functions if it impugns on their mission statement.

Question 35

Tinker v. Des Moines (1969)

Answer 35

Established “School Speech” rulings.

Students do not shed their 1st amendment rights at the gates of public schools.

Question 36

Kincaid v. Gibson (6th Cir. 2001)

Answer 36

Hazelwood case should not be used as a precedence for college media.

Question 37

Barnes v. Glen Theater (1991)

Answer 37

Allowed the government to outlaw certain forms of expressive conduct.

Question 38

Tory v. Cochran (2005)

Answer 38

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Question 39

Baker v. Glover (N.D. Ga. 1991)

Answer 39

Bumper sticker, fuck you.

Question 40

Texas v. Johnson

Answer 40

Flag burning is legal as long as it doesn’t cause harm.

Question 41

Is Conduct Expressive?

Answer 41

Is there an intent to express a message?

Is there a likelihood the message will be understood by a witness?

Question 42

Is the expressive conduct protected by the First Amendment?

Answer 42

Is the government regulation aimed directly at the suppression of free expression?

Question 43

The Strict Scrutiny Test

Answer 43

Is there compelling government interest?

Is the regulation necessary and narrowly tailored?

Question 44

The O’Brien Test

Answer 44

Is the government regulation within the constitutional power of the government?
Does the regulation further an important or substantial government interest?
Is the interest unrelated to the suppression of free expression?
Is the incidental restriction of free expression no greater than is essential to the furtherance of the stated governmental interest?