Unit 1: First Amendment
Counterman v. Colorado
Counterman was convicted for stalking a singer online. The US Supreme Court ruled in favor of Countman due to mental illness being involved. This was NOT an example of true threats.
Constitutional Law
Supreme law of the land
Laws
a set of rules that states what is right or wrong
Prior Restraint
action taken by the government to prohibit publication of a specific document or text before it is distributed to the public; a policy that requires government approval before publication
Symbolic Speech
action that warrants some First Amendment protection because its primary purpose is to express ideas (during the American flag)
Exclusive Jurisdiction
certain laws can only be made by either the Federal government or the state government -federal exclusive: copyright -state excluding: defamation
Common Law
comes from judicial decisions, aka case law, judge-made law
Contract/Private Law
enter a contract that creates a body of law, that only affects the people in the contract
Jurisdiction
the authority to make and administer the law
Judicial Review
the power of the courts to determine the meaning of the Constitution and to decide whether laws violate the Constitution
Criminal Law
the state is punishing someone (prison or fine)
Tort
type of civil law, a civil wrong
Concurrent Jurisdiction
when federal and state governments can make laws about a certain area ex. advertising regulation
Fighting Words
words not protected by the First Amendment because they are directed at an individual and cause immediate harm or trigger violent response
Brandenburg v. Ohio
Brandenburg was the leader of the KKK and convicted under the syndicalism law for his rally advocating violence against various groups. The case made it to the US Supreme Court and overturned Brandenburg's conviction.
Chaplinsky v. New Hampshire
Chaplinsky is a Jehovah's Witness and was distributing religious literature on a public sidewalk in New Hampshire. He refereed to a marshal as a "damn racketeer" and a "damn fascist." Calling someone a fascist was really bad at this time. This created the Fighting Words test.
Cohen v. California
Cohen wore a shirt reading "**** the draft in a court house to protest the Vietnam war. Arrested for disturbing the peace. The case established that forms of expression, even if they don't involve spoken or written words but are symbolic in nature, are protected under the First Amendment. Known saying: "one man's vulgarity is another's lyric"
Abrams v. United States
Introdcues the Marketplace of ideas. A concern about this is not everyone has the same access such as people of less power.
Whitney v. California
Introduces the notion of imminence
Texas v. Johnson
Johnson was arrested for burning the American flag, court ruled that it was portected symbolic speech under the First Amendment.
Schenk v. U.S.
The case revolved around Charles Schenck, a socialist and member of the Socialist Party of America, who was distributing pamphlets urging resistance to the military draft during World War I. Schenck was charged with violating the Espionage Act of 1917, which made it a crime to interfere with the recruitment and enlistment of soldiers during a time of war. Established the "Clear and Present Danger" test: BAD TEST
Terminiello v. Chicago
Terminiello is an ex-priest who was arrested for giving an anti-semetic and pro-facist speech. This is NOT an example of fighting words because Terminiello was expressing an idea and Terminello could not be punished.
Virginia v. Black
The case involved a Virginia law that made it a felony to burn a cross with the intent to intimidate others. The Supreme Court ruled the law unconstitutional, but stated burning crosses to intimidate can be prohibited under laws banning true threats.
Civil Law
private parties sue one another, mostly for money
Administrative Law
rules and regulations, executive orders, enacted by agencies (FTC)
True Threats
speech directed toward an individual or historically identified group with the intent of causing fear of harm
Statutory Law
statutes and local ordinances, enacted by legislative bodies