Law of Journalism and Mass Communication: Chapter 3

fighting words

words not protected by the First Amendment because they cause immediate harm or illegal acts.

underinclusive

a First Amendment doctrine that disfavors narrow laws that target a subset of a recognized category for discriminatory treatment.

hate speech

a category of speech that includes name-calling and pointed criticism that demeans others on the basis of race, color, gender, ethnicity, religion, national origin, disability, intellect or the like.

as applied

as applied A phrase referring to interpretation of a statute on the basis of actual effects on the parties.

true threat

speech directed toward one or more specific individuals with the intent of causing listeners to fear for their safety.

viewpoint-based discrimination

Government censorship or punishment of expression based on the ideas or attitudes expressed. Courts will apply a strict scrutiny test to determine whether the government acted constitutionally.

Incorporation doctrine

the Fourteenth Amendment concept that most of the Bill of Rights applies equally to the states.

USA Patriot Act

the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. Passed in the wake of the September 11, 2001, attacks, the act was designed to give law enforcement agencies greater authority to combat terrorism.

chilling effect

the discouragement of a constitutional right, especially free speech, by any practice that creates uncertainty about the proper exercise of that right.

clear and present danger

doctrine establishing that restrictions on First Amendment rights will be upheld if they are necessary to prevent an extremely serious and imminent harm.