Exam 2 Flashcards
Definition of Fighting Words Doctorine
Common sense to a response to a situation where the exercise of free speech so endangers the public order as to transform prtected speech into legal action
Fighting Words Doctrine conditions
Words used to cause direct harm to their target and could be construed to advocate an immediate breach of the peace
Chaplinsky Facts
Wlater Chaplinsky passed out pamphlets and causing a racket.
Verbally attacked town marshall, calling him a “God-Damned racketeer” and “a damned fascist”
Chaplinsky Decision
Unanimous decision. Upheld conviction
Chaplinsky Reason
Chaplinsky’s insults were “fighting words” since they caused direct harm
Definition of Symbolic Expression
Nonverbal, nonwritten forms of communication. Such as flag burning, wearing arm bands and burning draft cards
Facts of Skokie
Frank Collin, a member of “Nazi” party informed police captain there was to be a March in the village. Media attention and a number of phone calls were made to residents with “Jewish names”
Decision of Skokie
Per curiam opinion, court held that Illinois must provide strict procedural safeguards, including appellate review, to deny a stay
Reasons of Skokie
Justice William Rehnquist disagreed with the refusal of the Illinois Supreme Court to stay an injunction could be described as a final judgement or decree
Facts of Cohen
19 year old Paul Cohen expressed his opposition for the Vietnam war by wearing a jacket emblazoned with “F*** the draft. Stop the war!”
Charged under California state statue that prohibits ‘maliciously and willfully disturbing the peace and quiet of any neighborhood’
Decision of Cohen
5-4 decision, majority opinion by Justice M. Harlan II
Cohen Reasoning
Court reasoned that the expletive, whie provacative, was not directed toward anyone.
Harlan recognized “one mans vulgarity is anothers lyric”
Court protected two elements of speech: emotive and cognitive
Facts of O’Brien
Dylan O’Brien burned his draft card in a Boston Courthouse
Said he was expessing his opposition to war
Convicted under federal law that made th destruction or mutilation of draft cards a crime
Decision of O’Brien
7-1 decision for US
Reasoning of O’Brien
Justice Earl Warren established a test to determine whether governmental regulation involving symbolic speech was justified
Formula examines whether the regulation is unrelated to content and narrowly tailored to achieve governments interest
Facts of Texas
Greg Johnson burned an American flag as means of protest against Reagan administration policies
Tried and convicted under Texas law outlawinf flag desecration
Sentenced to one year in jail and a $2,000 fine
Decision of Texas
5-4 decision
5 person majority agreea that Johnson’s first amendment rights under the free soeech clause was violated when he was convicted
Reasoning of Texas
Court held that flag burning was protected undeer the first amendment
Johnsons actions fell under the catergory of expressive and has a distinctly political nature
Facts of Hazelwood
The Spectrum was a school sponsored paper
Robert Reynolds found two articles in the issue to be inappropriate. (Talked about teen pregnancy and the other was about divorce).
Decision for Hazelwood
5-3 decision for hazelwood
Reason of Hazelwood
Court held that the first amendment did not require schools to affirmatively promote particular types of student speech
Facts of Bethel
Matthew Fraser made a nomination speech for a friend.
Speech contained rude and vulgar language. Contained raunchy and sexual metaphors
Decision of Bethel
7-2 decision for Bethel. Upheld Frasers suspension as constitutional
Argued that the suspension does not ciolate free speech
Reasoning of Bethel
One rule of a public school was to develop moral values. If lewd and vulgar language was allowed to continue, it would undermine that rule
Facts of Tinker
Group of students wore black armbands throughout the holiday season and decided to fast on Dec. 16 and New Years.
Mary Beth Tinker and Chris Eckhardt were sent home for wearing arm bands
Decision of Tinker
7-2 decision for Tinker
Suspensjon violated their right to express themselves because it was a peaceful protest and did not cause any violence
Tinker Reasoning
Armbands represented pure speech that is entirely separate from the actions or conduct for those participating
Appearance distracted students from work so the schook was within right to discipline students
Definition of Libel
False, Defamatory statement holding a person up to public hatred, ridicule or scorn
Types of Libel Damages
Compensatory: Plaintiff is arguing that they should be compensated XX amount of dollars for damages done to reputation
Punitive: Plaintiff feels that the level of damages done to their reputation is so bad that, along with compnsatory, they are seeking additional damages
What is Libel Per se
Certain words or phrases the press can use on its face they did not do, harms the person
Ex: if the press calls someone a murderer and they havent been convicted
What is Libel Per Quod
Libel by implication. Not saying it outright but implying the person is something
What is the Libel Proof Doctrine
Certain people in society, due to ling standing criminal behavior/activities, no longer have a reputation left to protect
Why can’t you libel the dead
Can only sue for libel based on what is perceived as libel only when alive and on behalf of yourself
Five elements of a plaintiff’s case
- Falsity: what the news outlet disseminated was untrue.
- Defamation: the material desseminated by news outlet harms a persons reputation
- Publication: Defamatory statements in any way, shape or form
- Identification: Has to prove that the person being attacked is that person, not someone with the same name.
- Fault: Plaintiff has to prove the level of harn on part of the defendent
What is the Extreme Departure Standard
When the press deviates in an extreme manner, from professional journalistic conduct
What is the Serious Doubts Standard
If the press, at the time of dissemination, was convinced the evidence was accurate, meaning there was no doubts the evidence was true
What is Negligence?
Jornalistic carelessness, laziness or sloppiness.
Only private
What is Actual Malice?
Knowledge of falsity or reckless disregard of the truth
Public figures must prove
