Exam 2 Flashcards

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1
Q

Definition of Fighting Words Doctorine

A

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

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2
Q

Fighting Words Doctrine conditions

A

Words used to cause direct harm to their target and could be construed to advocate an immediate breach of the peace

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3
Q

Chaplinsky Facts

A

Wlater Chaplinsky passed out pamphlets and causing a racket.
Verbally attacked town marshall, calling him a “God-Damned racketeer” and “a damned fascist”

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4
Q

Chaplinsky Decision

A

Unanimous decision. Upheld conviction

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5
Q

Chaplinsky Reason

A

Chaplinsky’s insults were “fighting words” since they caused direct harm

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6
Q

Definition of Symbolic Expression

A

Nonverbal, nonwritten forms of communication. Such as flag burning, wearing arm bands and burning draft cards

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7
Q

Facts of Skokie

A

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”

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8
Q

Decision of Skokie

A

Per curiam opinion, court held that Illinois must provide strict procedural safeguards, including appellate review, to deny a stay

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9
Q

Reasons of Skokie

A

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

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10
Q

Facts of Cohen

A

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’

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11
Q

Decision of Cohen

A

5-4 decision, majority opinion by Justice M. Harlan II

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12
Q

Cohen Reasoning

A

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

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13
Q

Facts of O’Brien

A

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

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14
Q

Decision of O’Brien

A

7-1 decision for US

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15
Q

Reasoning of O’Brien

A

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

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16
Q

Facts of Texas

A

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

17
Q

Decision of Texas

A

5-4 decision
5 person majority agreea that Johnson’s first amendment rights under the free soeech clause was violated when he was convicted

18
Q

Reasoning of Texas

A

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

19
Q

Facts of Hazelwood

A

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).

20
Q

Decision for Hazelwood

A

5-3 decision for hazelwood

21
Q

Reason of Hazelwood

A

Court held that the first amendment did not require schools to affirmatively promote particular types of student speech

22
Q

Facts of Bethel

A

Matthew Fraser made a nomination speech for a friend.

Speech contained rude and vulgar language. Contained raunchy and sexual metaphors

23
Q

Decision of Bethel

A

7-2 decision for Bethel. Upheld Frasers suspension as constitutional
Argued that the suspension does not ciolate free speech

24
Q

Reasoning of Bethel

A

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

25
Q

Facts of Tinker

A

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

26
Q

Decision of Tinker

A

7-2 decision for Tinker

Suspensjon violated their right to express themselves because it was a peaceful protest and did not cause any violence

27
Q

Tinker Reasoning

A

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

28
Q

Definition of Libel

A

False, Defamatory statement holding a person up to public hatred, ridicule or scorn

29
Q

Types of Libel Damages

A

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

30
Q

What is Libel Per se

A

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

31
Q

What is Libel Per Quod

A

Libel by implication. Not saying it outright but implying the person is something

32
Q

What is the Libel Proof Doctrine

A

Certain people in society, due to ling standing criminal behavior/activities, no longer have a reputation left to protect

33
Q

Why can’t you libel the dead

A

Can only sue for libel based on what is perceived as libel only when alive and on behalf of yourself

34
Q

Five elements of a plaintiff’s case

A
  1. Falsity: what the news outlet disseminated was untrue.
  2. Defamation: the material desseminated by news outlet harms a persons reputation
  3. Publication: Defamatory statements in any way, shape or form
  4. Identification: Has to prove that the person being attacked is that person, not someone with the same name.
  5. Fault: Plaintiff has to prove the level of harn on part of the defendent
35
Q

What is the Extreme Departure Standard

A

When the press deviates in an extreme manner, from professional journalistic conduct

36
Q

What is the Serious Doubts Standard

A

If the press, at the time of dissemination, was convinced the evidence was accurate, meaning there was no doubts the evidence was true

37
Q

What is Negligence?

A

Jornalistic carelessness, laziness or sloppiness.

Only private

38
Q

What is Actual Malice?

A

Knowledge of falsity or reckless disregard of the truth

Public figures must prove