Freedom Of Speech Flashcards
What are the three instances in which the Gov can limit free speech?
Fighting words
Obscenity
Libel
When are words actually considered fighting words?
When words provoke violent or lawless actions. Angry is okay.
What is the test for which you test fighting words? Which case was it established?
Schneck v. U.S.
Clear and present danger test:
Will speech cause lawless action?
Is there another way of stopping the ILA besides stopping speech?
What is the test which you test for obscenity? Which case was this test established?
Miller case
Obscenity test:
Modern community standards
Appeals to the umpire interests of average person
Material is of children portrayed in sexual way or peeing/pooping in public eye
What is defamation?
Action of damaging good reputation of someone through lying.
What are the two forms of defamation?
Slander (words)
Libel (writing)
What kind of offense is libel?
Civil offense
What was the test to determine defamation? What was the case that determined the test?
New York Times v. Sullivan:
Statement is untrue and causes damage to reputation of plaintiff.
If plaintiff is public official or famous, newspaper can argue absence of malice.
What is commercial speech?
Advertisements and commercials for products which receive less first amendment protection.
What is the bad tendency test?
Interpretation of the first amendment that would permit legislatures to forbid speech.
What is the preferred position doctrine?
Interpretation that Gov should not punish people for what they say, only what they do.
What is prior restraint?
Censorship before speech is made usually unconstitutional.
What is content or viewpoint neutrality?
Laws that apply to all kinds of speech and to all views not only that which is popular or divisive.
What is civil disobedience?
Deliberate refusal to obey or comply with orders of public officials as means of opposition.
