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