Ch. 2 & 3

List the four acts passed by Congress to limit or restrict criticism of the US government at the expense of our First Amendment rights.

1798 Alien and Sedition Act,1917 WWI Espionage Act, 1918 Sedition Act,1940 Smith Act.

Example of "single mistake rule"

A mechanic regularly does incompetent work.

Name 7 First Amendment theories.

Absolutist theory, ad hoc balancing theory, preferred position balancing theory, Meiklejohnian theory, marketplace of ideas theory, access theory, self-realization theory.

List five of the seven serious or strategy is concerning the First Amendment the judges use to develop a practical definition of the freedom of expression.

Absolutist theory, ad-hoc, Mikeljohnian in, marketplace of ideas, self-realization.

Why was the U.S. Supreme Court decision in Gitlow v. New York, of 1925, significant for the Bill of Rights?

Because, even though Gitlow lost, it said that the First and 14th amendments to the u.s Constitution also applied to the state government.

In the US Supreme Court decision involving Grosjean v. American press, of 1936, the court ruled it was unconstitutional for the state to tax newspapers by discriminating according to three criteria. What where the three criteria?

Circulation, content, and revenue.

What are the four guidelines for a governmental entity to consider in establishing limitations on freedom of speech in bolding time, place and manner restrictions?

Content neutral, not complete ban on a type of communication, justified by state interests, conditions that the government needs to restrict freedom.

Famous cases involving "prior restraint"

Famous cases involving "prior restraint" include Near v. Minnesota, in 1931, Austin v. Keefe, in 1971, and the 1971 Pentagon Papers case where the U.S. Supreme Court ruled that prior restraint is unacceptable in most instances except where national security may be at risk.

In Schenck v. U.S. in 1919, why did justice Oliver Wendell Holmes reject the appellant's argument for First Amendment rights?

In Schenck v. U.S. in 1919, justice Oliver Wendell Holmes rejected the appellant's argument for First Amendment rights in favor of restricting the distribution of seditious pamphlets that constituted a "clear and present" danger to national security.

In addition to imposing possible prior censorship over content, what other restrictions can the government impose, within certain guidelines, upon communications?

In addition to imposing possible prior censorship over content, the government can also impose time, place and manner restrictions, within certain guidelines, upon communications.

Meiklejohnian theory

In the Meiklejohnian theory, freedom of speech and press are protected in the Constitution so that our system of democracy can function, and that is the only reason they are protected. Expression that does not relate to the self governing process is not protected absolutely by the First Amendment.

Absolutist theory

In the absolutist theory. the government cannot censor the press for any reason, there are no exceptions, no caveats, no qualifications.

Ad hoc balancing theory

In the ad hoc balancing theory when conflict occurs, it is the responsibility of the court to balance the freedom of expression with other values. This theory is called ad hoc balancing because the scales are erected anew in every case.

What has happened in instances of school censorship in the decade since the Hazelwood decision?

In the decade since the Hazelwood decision instances of school censorship has dropped significantly.

Preferred position balancing theory

In the preferred position balancing theory, giving freedom of expression a preferred position assumes that government action that limits free speech and free press to protect other interest is usually unconstitutional. This presumption forces the government to bear the burden of proof in any legal action challenging the censorship. This is the most widely accepted theory.

What is the theory interpreting the First Amendment that is most widely accepted by the courts?

It is the preferred position balancing theory.

What does "prior restrain" mean?

It means censorship (before the fact).

What was the last major case involving sedition?

It was Brandenburg v. Ohio (1969), where the Supreme Court reversed a conviction of a lower court ruling on sedition law and ruled that advocacy of unlawful conduct is protected by the Constitution unless it is directed toward inciting or producing imminent lawless action and is likely to incite or produce such action.

Name the four types of forums identified by the courts.

Judicial public forum, designated public forum, public properties, private properties.

What was the purpose of the "Son of Sam Laws" and what did the Supreme Court ruled about these laws regarding the First Amendment?

Son of Sam laws were designed to keep criminals from profiting from books or films about their crimes, but in 1991 the Supreme Court ruled that these laws constituted a content-based restriction and as such violated the First Amendment.

What did the Hazelwood school district v. Kuhlmeier, in 1988, decision allowed school administrators to do over school-sponsored publications ?

The Hazelwood school district v. Kuhlmeier, in 1988, decision allowed school administrators to exercise greater authority and control over school-sponsored publications by viewing those newspapers as part of the curriculum.

When did the Supreme Court unanimously rejected the access Theory?

The Supreme Court unanimously rejected the access theory in 1974 in Miami Herald V. Tornillo.

What did the US Supreme Court's decision in Brandenburg v. Ohio (1969) represent regarding the contradiction between freedom of speech and Sedition law?

The US Supreme Court's decision in Brandenburg v. Ohio (1969) represented the courts best and last attempt to resolve the contradiction between freedom of speech and Sedition law by deciding that advocacy of unlawful conduct is protected by the Constitution, unless it is directed toward inciting or producing imminent lawless action and is likely to incite or produce such action.

Example of "trade libel"

Veggie hate laws.

In colonial America, John Peter Zenger was acquitted by a jury of his peers for charges of seditious libel ( criticizing the British crown) in 1735. Was he guilty? How did the British colonial governors change their strategy concerning Americans charged with seditious libel?

Yes he was guilty. They used jury nullification. the British colonial governors changed the strategy by using no jury.