study guide qs Flashcards
What is the Bill of Rights?
1st 10 amendments, gives us rights/makes sure gov doesn’t have too much power
Memorize and be able to write the First Amendment to the constitution.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
What are the exceptions to free speech? (list of 9)
- obscenity
- defamation/libel
- expression to incite violence
- fighting words
- invasion of privacy
- deceptive ads/for illegal purposes
- clear/immediate nat. sec. threats
- copyright violation
- expression @ school that’s disruptive
What is “incitement”?
expression intended to incite violence. must be violent, criminal, immediate, and specific
What are “fighting words”?
abusive words, directed at a specific person, likely to provoke violent action and play no role in the expression of ideas.
What is the definition of hate speech?
speech that carries no meaning other than the expression of hatred of another group
In the US, is hate speech protected?
yes
How do schools justify punishing hate speech?
it causes disruption on school grounds
What is the Miller Test for obscenity?
What is the Miller Test for obscenity?
- would the average person consider it pornography?
- does it actually depict sex acts or behavior?
- does it have no literary, educational, artistic, or scientific value?
What was the result of the Student Free Expression Act? What was it a response to?
It was a response to Hazelwood, and it said that students are allowed to express their views unless it causes disruption or disorder. In the states that created it, public schools were under these laws
REASSERTED TINKER STANDARD
What is a public forum? Is The Cypress of public forum?
Policy in writing or in practice that allows editors to make content decisions (even if it is school sponsored). Cypress is a public forum. protects us against censorship along with the Student Free Expression Act
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When we talk about censorship in the context of a high school, what do we mean?
call for prior review, demand for and article/quote to be removed, or demand for an article to be altered
What authority do school officials at BHS have to censor the content of what is in The Cypress?
None
What is the role of the advisor?
grammar, check if ur breaking law, recognizing ethically tricky things, quality check
What is libel?
publication of info that hurts reputation