PSCI Civil liberties Review 2
To be considered obscene, materials must have certain characteristics. Please be sure to review those. How does obscenity differ from pornography?
Be about sex, depict something sexual in an unwholesome way. Pornography is protected under the 1st amendment.
What did the Tinker children wear to protest the Vietnam War? What did the Supreme Court say about their actions? What did the Supreme Court say should not be allowed to become "bastions of totalitarianism?"
Black arm bands with peace signs. It was fine. Didn't want public schools to become that.
What were the issues in the Cohen case? What did the Supreme Court say? What is the meaning of the phrase, "One man's vulgarity is another's lyric?"
Cohen was arrested for wearing a jacket that was anti-war for disturbing the peace. Supreme court said he was unlawfully charged. Even unpopular speech is protected.
What are microaggressions? Please review the term and make sure you know what is included.
Everyday verbal, nonverbal, insults, snubs, that communicate hostility in a marginalized group.
What did Edward Snowden do? Where is he now?
Exposed the NSA for watching the people and is in Russia
Be sure to review the rules about defamation (slander and libel).
Expression that is false and harmful is not cool, but if it's TRUE and harmful then go off.
What are time, place, and manner restrictions? What might be some examples?
Expression. Limit traffic noise, and be respectful.
What are some examples of acceptable symbolic speech?
Flag burning, black arm bands, jackets, cross burnings
Is it ok to have content-related restrictions on expression?
Government cannot regulate and must be content neutral.
Please review the details of Near v. Minnesota and know why it is important. What important rule did the case establish? What did the Supreme Court say about the actions of Minnesota concerning Near's publication?
Had to have good motives or it'd be censored. Supreme court thought it was unconstitutional. Established freedom of press.
Why was the Cohen case important?
Important because it protects all speech even if unpopular.
What did the Supreme Court say about cross burnings?
It's fine.
How is child pornography treated in our legal system?
It's illegal no matter what.
What are the details of the Hustler case? Why did Jerry Falwell lose the case he brought against Hustler magazine? Why is it important?
Jerry Falwell was put in the hustler magazine for an alcohol ad but they changed it to sexual innuendo. Free Speech. Important to seeing what was under the free speech.
Why is it so hard to enact laws against hate speech? Where are hate speech issues often found? Why do some people want hate speech ruled unconstitutional?
No exception under the 1st amendment for hate speech. College campuses. It can be harmful and a threat.
What kinds of laws existed when people talked about slavery?
North said no pro-slavery, south said no pro-abolishment.
What tactic did Fred Phelps and the Westboro Baptist Church use? What were his views? What did the Supreme Court say about their actions?
Opposition of same-sex marriage and protests. He did not like veterans and interrupted funerals. The supreme court said it was fine because it was peaceful.
What kinds of activities are included in free expression? What is the freest kind of speech?
Political speech is the freest speech. The ability to think what you want and say what you think.
What are some periods of our history when free speech was not protected? How were people like Margaret Sanger and Eugene V. Debs deprived of free speech?
Pre-1960. Margaret was jailed for defending contraception, union workers, Eugene was put in jail for empowering slaves.
What are satire and parody?
Satire is a literary work holding up human vices to ridicule. Literary or musical work is closely imitated for comedic affect or ridicule.
What was the Pentagon Papers case about? How was it decided? Who was Daniel Ellsberg and what did he do? Was he prosecuted? Why is this case important?
The NY Times exposed the government, the government was not happy. Daniel Ellsberg Former US military analyst, charged for conspiracy and theft. Released the pentagon papers. Prior Restraint.
What is actual malice? Who has to prove actual malice and what does it take to prove it? Who are some public figures opposed to the concept of actual malice?
The person saying it must know its false and don't care. The plaintiff has to prove malice. Donald Trump and Clarence Thomas.
What is prior restraint? What is another word for prior restraint?
When there is censorship. Censorship.
