Political Science Exam 2
Fighting Words
This category of speech could protect you from hearing words that are geared toward insulting you.
Defamation (Libel / Slander)
Unprotected speech. Expression that causes damage to another person's reputation. There are two forms of defamation. Written defamation is known as libel; spoken defamation is known as slander.
Incorporation
An amendment applies to the states
Lemon Test
"Establishment Clause" -Has three parts; the government's action must pass all three parts to be deemed acceptable: 1) A law or government action must have a secular (nonreligious) purpose. 2) A law or government action must neither advance nor inhibit a specific religion. 3) A law or government action must not entangle government and religion.
Sherbert Test
"Free exercise of religion test" 4 main concerns: Individual= 1) must show sincere religious belief 2) show "undue burden" Government: 1) must show compelling interest 2) show least restrictive means
Brazilian tea case (Gonzales v. O Centro)
-Brazilian religious group; in ceremonies, they use HOASCA tea, which contains DMT. -Tried to import tea leaves; seized by FEDERAL customs agents. -Supreme Court applies Sherbet Test. -SINCERE BELIEF: Long-standing religion from Brazil with a history / tradition of using this tea during ceremonies -UNDUE BURDEN: Customs seizure / Controlled Substances Act prevent use of the tea; hence, there is an "undue burden". -Three Compelling Interests Put Forth By the Government: 1)HEALTH OF USERS / THOSE NEARBY 2) PREVENTING RECREATIONAL ABUSE 3) RESPECTING INTERNATIONAL TREATIES RELATED TO DRUG TRAFFICKING --ALL 3 FAIL ON "LEAST RESTRICTIVE MEANS" -OVERALL: CHURCH WINS and is allowed to keep importing tea because government loses its half of the Sherbert Test.
Burwell v. Hobby Lobby Case
-Burwell is the new secretary of Department of Health and Human Services, which implements the Affordable Care Act. -Hobby Lobby asserted a "Free Exercise" right to avoid providing certain health insurance options required by this act. -Case applies to "closely-held, "for profit" corporations -Sherbert Test is used. -First, the Court says a corporation can hold a "sincere religious belief". And this cooperation being "closely-held" (family owned) helps the case. -Second, Court says undue burden exists and believes Hobby Lobbys religious intent. -Court even suggests that the government could pay for this, or that it could tell insurance companies to pay for it (similar alternatives were created for religious and non-profit groups) Hobby Lobby Wins. 5-4 decision
FCC v. Pacifica
-George Carlin says the 7 words you can't say on radio. -FCC fines the radio station for obscene utterance -Supreme Court says that this fine is okay: BUT, the government has a compelling interest in restricting this kind of activity. The unwilling listener cannot "look away" from these words. -Broadcasting is the least protected of all speech because it enters the privacy of the home / possibly affects children.
Religious Freedom Restoration Act
-Many religious leaders lobbied for this law after the Supreme Court's decision in Employment Division v. Smith (1990) -In that case, the Supreme Court refused to permit peyote use in religious ceremonies -Congress instructed courts to use the "Sherbert Test" for "Free Exercise" claims -Originally created by the Supreme Court in Sherbert v. Verner (1963), but the Court had just stopped using the Sherbert Test -At first, the Court resists (City of Boerne v. Flores, 1997), but then Congress amends the RFRA so it only applies to federal actors
Holt v. Hobbs Prisoner Case
-Muslim prisoner wants a half-inch beard -Prison rules forbid this -Can you apply the Sherbert Test to this case? --The Muslim prisoner WINS!
Prior Restraint
Prior restraint prevents the censored material from being heard or distributed at all; other measures provide sanctions only after the offending material has been communicated, such as suits for slander or libel. Prevents publication.
Sedition Act
Prohibited "any false, scandalous, and malicious" writing against the national government. This Act eventually expired in 1801.
Cohen v. California (1971)
The 19 year old Cohen was arrested after wearing a jacket that carried the profanity "Fu** the Draft" inside a courthouse in Los Angeles. He was arrested and sentenced to 30 days in jail under a law that prohibited "offensive conduct." The Supreme Court overturned his conviction, noting that his message did not constitute fighting words because they were not addressed to any specific individual.
