Chapter 3 Quiz and Terms

True Threat

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

Incorporation Doctrine

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

Bradenburg Test

The U.S. Supreme Court's ruling that the First Amendment does not protect advocacy intended to incite imminent unlawful action that the audience for the advocacy is likely to commit.

USA Patriot Act

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. The act gave law enforcement agencies greater authority to combat terrorism.

Chilling Effect

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

Negligence

The failure to exercise reasonable or ordinary care.

Proximate Cause

The legal determination of whether it is reasonable to conclude the defendant's actions led to the plaintiff's injury.

Heckler's Veto

The suppression of free speech by the government or government actors due to a potential threat from those listening to the speech.

The types of speech that threaten national security ______.

vacillate with the political and social climate of the times

Fighting Words

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

Symbolic speech exists when ______.

actions are closely related to speech and are intended to send a message that others will understand

Laws that protect national security by punishing speakers who incite violent actions are ______.

constitutional if they pass the Brandenburg test

Wars generally, and the current "war on terror" specifically, ______.

increase the willingness of Congress and the Supreme Court to accept laws that punish speech that might undermine national security and international effectiveness

Sybil often played the video game "Die Now." One afternoon, Sybil deliberately ran her car into James's car. James sued the makers of "Die Now," claiming the game caused Sybil to become aggressive and cause James's injuries. If a court applies the incitement test to determine if the "Die Now" manufacturer was responsible for James's injury, James must prove the manufacturer ______.

intentionally meant for game players to become aggressive and cause harm

The First Amendment's protection of disruptive speech ______.

is variable and uncertain

XYZ television network presents a movie showing two 10-year-old boys playing with a gun owned by one of the children's parents. The gun accidentally fires, severely injuring one of the boys. Shortly after the movie runs, two young brothers find a gun in their house. While playing with the gun, the gun fires and kills one of the boys. The brothers' parents sue XYZ television network. The parents will ______.

lose because XYZ television network could not have foreseen that those children would watch the movie and try to imitate what they saw

A pharmacist wrote a book about drugs people can buy without a prescription. The author said Drmxz, an over-the-counter cold medication, had no side effects. However, Drmzx can cause serious problems in people who have liver problems. Cheryl, who has liver trouble, read the book, bought and took Drmzx, and suffered severe symptoms. Cheryl sued the book publisher for causing her injuries. Cheryl likely will ______.

lose, because courts say book publishers cannot verify all the information in every book they publish

The First Amendment ______.

protects the right of citizens to assemble in non-violent gatherings

The explicit text of the U.S. Constitution ______.

says nothing about different First Amendment rights for children and adults

Research shows a real but uncertain link between media depictions of violence and violent actions by viewers. As a result, ______.

successful lawsuits for media negligence must show the media were the proximate cause of the harm they could reasonably foresee

Hazelwood School District v. Kuhlmeier

1988 - Under the First Amendment, school officials can censor non-forum student newspapers when they can justify their decision by stating an educational purpose. However, this decision does not allow school officials to censor articles wantonly or based on personal opinion.

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.

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.

Although the Supreme Court's decision in Elonis v. United States did not clearly define them, the Court previously established that true threats may be punishable when ______.

the speaker intends to threaten physical harm or to create pervasive fear in a targeted individual or group

The U.S. Supreme Court has said the First Amendment requires particularly sensitive or vulnerable individuals ______.

to avert their eyes and ignore most offensive expression

Symbolic Speech

Nonverbal gestures and actions that are meant to communicate a message.

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.

The Supreme Court has found that public schools may regulate student expression when it ______.

disrupts education, is lewd or obscene, is sponsored by the school, or is likely to be understood to represent the school

Laws that make viewpoint-based discriminations are ______.

especially objectionable to the First Amendment