First Amendment Flashcards
The court must determine if the speech is directed toward inciting immediate unlawful behavior
Incitement test
The court must ask: Does the law/action have the purpose of or in the perception of favoring a particular religion? The court must also determine if people of the religion are left out of the community
Endorsement Test
The court must consider the circumstances in which the speech was made. Then determine whether there was a clear and present danger of illegal actions
Clear and Present Danger Test
1) the law/action must have secular (non religious) purpose
2) The primary purpose of the law must not support or inhibit a religion
3) must clearly keep religion and government separate
Three Part Test
The court balanced the individual’s interest in free expression against the interest the government to protect others. Less proof of clear and present danger in needed here
Balancing Test
Protecting member’s of a religion from being legally inferior to members of another religion
Establishment Clause
Freedom to practice any religion
Free Exercise Clause
Two ways speech are regulated
1) Content
2) Time, manner, and place
Three factors to understanding constitutional law
1) Rights cannot and will not be absolute
2) The Constitution restricts congress and states from taking away rights
3) Enforcing your rights is expensive and time consuming
Instances where prior restraint is used
1) Publication would cause serious harm
2) No lesser means would prevent the harm
3) Using prior restraint would be effective in preventing harm
Form of speech expressing ideas or opinions through banners, flags, armbands, etc
Symbolic Speech
Knowingly make false statements about another person that negatively affects their reputation
Defamation
Type of speech using advertisements in which the people do not have complete freedom
Commercial speech
Censorship before publication
Prior Restraint
The written form of defamation
Libel
The verbal form of defamation
Slander
A judge’s orders to attorneys and other parties involved in a case that they may not discuss with the public
Gag Order
A judge’s orders to attorneys and other parties involved in a case that they may not discuss with the public
Gag Order
Three part standard
1) Would the average person view the work as obscene?
2) Does the work show sexual conduct illegally?
3) Does it have medical, literary, artistic, political, or scientific value?
Three part standard
1) Would the average person view the work as obscene?
2) Does the work show sexual conduct illegally?
3) Does it have medical, literary, artistic, political, or scientific value?
Three part standard
1) Would the average person view the work as obscene?
2) Does the work show sexual conduct illegally?
3) Does it have medical, literary, artistic, political, or scientific value?
Three part standard (Miller v. California)
1) Would the average person view the work as obscene?
2) Does the work show sexual conduct illegally?
3) Does it have medical, literary, artistic, political, or scientific value?
Three part standard
1) Would the average person view the work as obscene?
2) Does the work show sexual conduct illegally?
3) Does it have medical, literary, artistic, political, or scientific value?
Court ruling freedom of speech does not leave at the school gates
Tinker v. Des Moines
Court ruling freedom of speech does not leave at the school gates
Tinker v. Des Moines
Court ruling freedom of speech does not leave at the school gates
Tinker v. Des Moines
Court ruling schools can forbid school sponsored student speech if it conflicts with the school’s mission
Hazelwood v. Kuhlmeier
