Ch.37 "Marketplace of Ideas"

Dennis v. United States

1951, made it illegal to advocate or teach the overthrow of the government by force or belong to an organization with this objective. (upheld the Smith Act of 1940) developed BALANCING DOCTRINE

Texas v. Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

Incitement test

A method used by courts to determine whether to restrict or punish expression based on its potential to cause immediate unlawful behavior.

Defamation

Act of harming or ruining another's reputation

Commercial Speech

Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads.

Clear and present danger test

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

Miller v. California

Miller started a mass-mailing campaign of obscene materials and was convicted by a California statute forbidding the mailings. Result: The obscene materials do not enjoy the protection of the 1st A. due to the three prong test established in Roth v. United States. - obscenity test.

Fighting Words Doctrine

One major category of unprotected speech (basically verbal assault); Exception created in Chaplinsky v. NH (1942)

Hostile Audiences

One that opposes your message (and perhaps you personally); this is the hardest type of audience to persuade, particularly if you are trying to change peoples behavior.

Obscenity

Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.

Time, place and manner

Regulation of Public Forums

Over Inclusive

Too broad or general. As a legal term this usually refers to a law that punishes speech that should be protected

Symbolic Speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

Offensive Speakers

provokes audience

Marketplace of Ideas

the public forum in which beliefs and ideas are exchanged and compete