Vocab 3 Flashcards
Prior Restraint
Governmental prohibition imposed on expression before the expression actually takes place.
Prior Restraint Sentence
Government officials may practice prior restraint if the information compromises national security.
Prior Restraint Example
The Supreme Court has determined that prior restraint may be exercised by school districts, as they have a higher degree of control than the government in Hazelwood v. Kuhlmeier (1988).
Prior Restraint Non-Example
In Near v. Minnesota, the SCOTUS determined that the government can’t censor the press, even if the news is defamatory.
Self Incrimination
Providing evidence of testimony that could be used against oneself, usually in a criminal proceeding.
Self Incrimination Sentence
During the interrogation, the suspect chose to remain silent to avoid any possibility of self-incrimination.
Self Incrimination Example
In 1963, without being advised of his right to remain silent, Ernesto Miranda confessed to kidnapping and rape after being confronted with circumstantial evidence.
Self Incrimination Non-Example
In 2022, former President Trump invoked his 5th Amendment rights over 400 times during a deposition.
Symbolic Speech
Expressions conveyed through actions/symbols, not words.
Symbolic Speech Sentence
Kneeling during the National Anthem has become a common form of symbolic speech.
Symbolic Speech Example
The SCOTUS ruled in Texas v. Johnson (1989) that flag burning is protected under the First Amendment as a form of symbolic speech.
Symbolic Speech Non-Example
The SCOTUS ruled in Miller v. California (1973) that obscene material was not artistic and could not therefore be protected as symbolic speech/expression.