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