master CCPA

Pure speech

verbal expression, public speech, newspaper editorial, etc

Morse v Frederick

"Bong Hits 4 Jesus" banner; student suspended-Divided court upholds suspension•Majority says school has interest in discouraging speech that may encourage drug use•Minority says there is no action expressly advocated

As with most campus speech codes, particularly at public universities, in doe versus University of Michigan, as Supreme Court held, the university of michigan's rules regarding open discourse on campus had been narrowly tailored and so compromise constitutional means for punishing particular forms of hurtful, hateful, in violent speech

Faults

Because it does not threaten elected officials or influence public policy, commercial speech receives far less protection in our societie than does political speech

Faults

In: versus California and the MF cases affirm the fighting words doctrine that while individuals must be credit relatively wide latitude to speak, they can still be held responsible for any fights that might ensue from their words, whether or not the anger stems from the person directly addressed by a heated remarked

Faults

Is there is extensive pretrial publicity, one good option for a defendant is to request seaquist ration of the jury, or moving a trial to a different venue within the same jurisdiction

Faults

FTC

Federal Trade Commision

What case did the Supreme Court allowed a speaker to be punished because the audience was having a badd reaction to his message

Feiner V New York

Not Protected Speech

Perjury(Hilary Clinton emails), Blackmail, libel(with actual malice)True Threats, Child Pornography, Fighting words, Defamation( including libel and slander), Incitement to imminent lawless action, Obscenity( Hardcore porn seven people having sex in street with manhole covers)

Cox v. New Hampshire

Permits and fees are constitutional if administered without discretion

Personal Privacy and Safety: The Antiabortion Protest Cases

Picketing around women's clinics

Which case did for Supreme Court 1st suggest that it might be willing to reconsider its position , commercial speech was excluded from the protection of the 1st amendment

Pittsburgh press CO v. Pittsburgh commission on human relations

Speech Plus:

Speech with conduct—speech interwoven with action

Pruneyard v. Robins

State constitution can grant the right to speak, solicit, picket, distribute literature at a mall

Narrowly Tailored pg 290

To serve a significant government interest. Say what you mean and mean what you say. EX. curfew v parental discretion (Clarity and precision). FAily curfew ex. You can come in the house at any time as long as it doesn't effect your safety, moral health etc. rather than just the curfew, which is narrowly tailored be in the house at such a time ( period)

The hecklers veto occurs when an acting party's right to freedom is curtailed or Restricted by the government in order to prevent a reacting party's behavior. Example the police shut down a speaker out of fear and audience will lose control or is becoming out of control

True

Loudspeakers:

_Amplified sound is speech plus

Public School Question (26)

Cannot be banned as long as doesn't interfere with education of students. Teachers can advise but cannot be teachers idea.

John Stuart Mill quote

"If all mankind minus one, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind."John Stuart Mill, On Liberty

Rosenberger v Rector and Visitors of the University of Virginia

-5 to 4 decision requiring public university to fund religious publication of student group who had been granted status•Payment was from student fees not tax money

Kime and Bonwell cases

-Burned flags in N.C., denied writ, served 6 months

Is nonverbal symbolic expression speech protected by the FA Stromberg v. California

-CA law banned saluting a Russian flag-SC found law unconstitutional-A flag is a recognized symbol that could function as part of political discussion in a free society.-Saluting a flag is symbolic expression•"A person gets from a symbol the meaning he puts into it, and what is one man's comfort and inspiration is another's jest and scorn..."(Barnette)

Lamb's Chapel Case

-New York schools that opened property after hours to groups for use, had to allow religious groups, too

Flag misuse and desecration Radich v. New York

-SC let conviction of art dealer stand (4-4)-Federal district court eventually acquitted him

Jeans and peace flag cases

-Small cloth flag sewed to jeans-Small flag affixed with peace symbol and hug upside down-Both convictions overturned

Ponce v. Socorro Independent School Dist.

-Student had journal chronicling an imaginary pseudo-Nazi group's activities-Suspended for three days and recommended for alternative education program-Fifth Circuit sided with school district

Barber v Dearborn Public Schools

-Student in Michigan wore t-shirt to school labeling George W. Bush a terrorist-Federal judge held the t-shirt was protected

Three kinds of speech rights to think through:

-Student's rights-Teacher's rights-Censorship of library books

For conduct to qualify as speech

-The person engaging in the symbolic action must intend to convey a meaning-There must be some likelihood the audience will understand the message

Hazlewood as opposed to Tinker

-Where Tinker gave students the power of free expression, Hazelwood gave school administrators the power to censor student newspapers.

Name three of the five means available to judges for assuring fair trials to defendants, before they need to begin restricting press rights.

1. Continuance - a defendant can request a delay of a trial on the theory that news stories will be forgotten and the effects will fade 2.Change of venue - a different community will care less 3. Voir dire - not all members of a community are equally informed and so jury selection matters 4.Jury instruction - judges can instruct juries to disregard media accounts or not to read the news 5.Sequestration - juries can be kept physically away from external influences during a trial

Laws concerning religio moral heresy emerge from 6 general spears. Named 4 of these spheres and offer an example of controversy that exist in each

1. False doctrine. Blasphemy saying anything against the truth of the doctrine of The Bible. Here was the understanding that America was based on Christianity to. Irrelevant. Typically people who take religion too seriously. The miracle movie about Joseph getting married meddling pregnant was a miracle. 3. Profane and disgusting speech. Cursing on TV. For. Opinions and facts of science. Will we teach The Bible or creationism in schools.

Four part Test of commercial speech

1. Lawful , Interest, further interest, Other means

Determining fair use. Four factors

1. Purpose and character of use (education, non profit, for profit) ex: using evangelical sermons 2. Nature of Copyrighted work ( dictionary, quotable sources) 3. Amount in proportion to work as a whole 70/30 4. Effect on market value ( most significant part)

What is the 4 part test for commercial speech, is laid out by Supreme Court in central hudson gas and electric versus public service commission?

1. was the content legal. The content must be truthful and not illegal comment if not then unconstitutional to was their interests to the government. The government usually found interests. If now that unconstitutional 3 will further the interests of the government? Period of course it will if now unconstitutional for alternative means. Can government find another way to execute the prevention of the add. Most of all cases would fail as there would always be another way to execute. I got price of beer rather than stop add

O'Brien Test A government regulation is justified if:

1.It is within the constitutional power of the government 2.It furthers a substantial interest 3.The government interest is unrelated to free expression 4.The restriction is no greater than necessary than essential for meeting the government interest

What are the guidelines that trial judges should employ when deciding whether rare and truly exceptional circumstances exist for issuing a constitutionally appropriate gag order against the media, per the Nebraska Press Association v Stuart decision?

1.Must have evidence to show the order is essential to a fair trial 2.Less dramatic means should be used when possible 3.Should limit trial participant instead of media , if possible 4.Court cannot restrict reporting of events that happen in a courtroom 5.Order must be specific and narrow

Alexander Meikeljohn:

1.Political (absolute protection)(Brandenburg v Ohio KKK) 2.Scientific( 3.Entertainment 4.Commercial(Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc Prescription drug prices.) 5.Obscenity (not protected)

John Milton( Like Blackstone not in favor with disrespectful speech) Further develops Blackstnes objection to PRior Restraint.

4 things against prior restraint: 1. Develped by those in low regard ( only people who adocate it are those who are hated already) 2. Weakens character ( haering things you dont agree with makes you strnger. 3. It doesnt work 4. Discourages learning in the search fro truth.

Define epithet

A descriptive phrase that attributes a negative quality or characteristic to a person

Teacher's First Amendment Rights

Academic Expression - sometimes thought of as academic freedom - is teacher's job related speech•Extramural Expression - is teachers' nonschool communication activities as members of of society at large

More Tinker Quotes

Administrators "must be able to show that [their] action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint..."

And Pacifica the FCC the case about George Carlin and the 7 dirty words the court held

Audience comment medium comet time of day, and method of transmission are relevant factors in determining whether to invoke sanctions against stations for airing indecent material

In plurality decision Virginia V black the Supreme Court held that a state could do which of the following

Ban cross burning carried out with the intent to intimidate.

In 40 for liquor mark versus Rhode Island liquor store association cama the Supreme Court considered the Constitution alley of a law that

Banned liquor ads that provided information about the retail price of alcoholic beverages

Davis v. Massachusetts (1897)

Because cities have title to the streets and parks, they can exercise absolute control over their use

Alexander Meikeljohn

Because we are a democracy, free speech is essential. Political speech(Abrams V US) has the most value, then scientific(scops trail)(Miracle movie ), entertainment, commercial(Pharmacy), obscenity(Ros

Brandenburg v. Ohio

Brandenburg, a leader in the Ku Klux Klan, made a speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law. The law made illegal advocating "crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform," as well as assembling "with any society, group, or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism." Question Did Ohio's criminal syndicalism law, prohibiting public speech that advocates various illegal activities, violate Brandenburg's right to free speech as protected by the First and Fourteenth Amendments?

examples of speech plus

Burning cross, burning flag,

Symbolic Expression: U.S. v O'Brien

Burning draft cards SC said the government has a strong interest in protecting draft cards.

In image are decision the 1st national bank of Boston the Belotti, Does it preme court narrowly held, corporations had a right to participate and advertise in political campaigns. The state could not exclude corporate voices and corporate arguments. In explanation the court said

Business is an important social and political good the state's effort silence commercial speech overlooks this fact

It is nevertheless often true that 1 man's Paul Garrity is another's lyric what case

Calling versus California

Tinker v Des Moines

Case set the standard for defining the free expression rights of students in America's public schools. To publicize their opposition to the Vietnam War, they wore black armbands to school.•Suspended

What did the Supreme Court hold in the case Valentine versus Chrestesen

Commercial speech is wholly outside the 1st amendment and so undeserving of constitutional protection

Supreme Court Refines its Rules for TPM

Compatible-use rule-"The crucial question is whether the manner of expression is basically incompatible with the normal activity of a particular place at a particular time"

Voir dire Is one way judges and attorneys in cases can

Compensate for Prejudicial pre trial publicity

Jamison v. Texas

Completely rejected Davis.

Example of TPM

Concerts in New York's Central Park and balance between noise and still having performances

Whitney v california

Conclusion In a unanimous decision, the Court sustained Whitney's conviction and held that the Act did not violate the Constitution. The Court found that the Act violated neither the Due Process Clause nor the Equal Protection Clause, and that freedom of speech guaranteed by the First Amendment was not an absolute right. The Court argued "that a State. . .may punish those who abuse this freedom by utterances. . .tending to. . .endanger the foundations of organized government and threaten its overthrow by unlawful means" and was not open to question. The decision is most notable for the concurring opinion written by Justice Brandeis, in which he argued that only clear, present, and imminent threats of "serious evils" could justify suppression of speech. Cite this page

1st Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Basic Rules of TPM Time place and manner

Content Neutral,Narrowly Tailored (written only to fulfill specific goals),Significant Government Interest,Alternative Channels Available

1989 Flag Protection Act

Courts cited Texas v Johnson to find law Unconstitutional

Examples of refined rules

Demonstrating on State House grounds•Demonstrating near a courthouse•Demonstrating on the grounds of a jail•Blocking entrances to government property•Speaking on a military base

A radical speech, speech heresy, typically has to do with ideas that go against cultural norms or dominate narratives. In general comment this kind of speech involves

Endorsing beliefs that go against the cultural orthodoxy or speaking against the sacred

Academic Freedom

Especially at university level: The right to determine the content of classroom presentations, to conduct research, freedom to speak or publish without interference from school administrators, governing boards or outside groups such as the government, business community or church.

Texas v. Johnson (landmark cas

Flag burning as a means of symbolic political expression is protected by the Constitution-SC argued that flag burning is not a significant threat to breach the peace-SC argued that "we do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents"-Decision stressed the term "speech" in 1A is not limited to "spoken" or "written" word—it also includes conduct that is "sufficiently imbued with elements of communication to fall within the scope of the First Amendment."

Speech that is intended to degrade, intimidate, or incite violence or prejudicial action against a person or group of people based on their race common gender, age common ethnicity comet religion or other classification is called

Hate speech

In Roth V United States the Supreme Court said that there was no need to protect obscenity be just the purpose of the 1st minute is to protect What an obscenity contains what worth protecting

Ideas

Government Interest

Must have a reason for making decision its making. (can always come up witht a reason FYI)

Tinker Quotes

It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

Why is burston versus Wilson regarded as a landmark Supreme Court decision

It made clear that blasphemy is not a constitutional basis for the suppression of ideas in the United States.

What do free speech theorist say about the profit motive when it comes to commercial speech

It makes commercial speech hardier in other kinds of speech, it is very hard to chill

By taking the majority decision together with its persuasive dissent, the result of the branzburgh V Hayes decision from the Supreme Court has been

Journalists have a federal common privilege, albeit qualified, to refuse to divulge their sources.

When it comes to the 1st amendment what does the FCC regulate

Licenses radio and television stations based on serving the public interest

Lloyd Corp. v. Tanner (enclosed mall case)

Mall owners can legally have rules against speech and distribution of handbills

Amalgamated Food v. Logan Valley Plaza

Malls are the functional equivalent of a business block.

Content Neutral pg289

Must treat all kinds and topics of speech the same

More About Whitney v California

May 16, 1927 Facts of the case Charlotte Anita Whitney, a member of the Communist Labor Party of California, was prosecuted under that state's Criminal Syndicalism Act. The Act prohibited advocating, teaching, or aiding the commission of a crime, including "terrorism as a means of accomplishing a change in industrial ownership. . .or effecting any political change." Question Did the Criminal Syndicalism Act violate the First or Fourteenth Amendments?

When it comes to 1st amendment, what does the FDA regulation

Medicines liquors and product labeling

The end of every false speech prevention is

Natzi Germany. People get forced under ground, then violence.

What are the components of the 3 part test just as brands burgh out lied in his bran's Burg descent?

One relevance. Government must show Reporters information is relevant to case. To all charge of means. Cannot get information elsewhere or by themselves. 3 compelling interest. Must demonstrate compelling overriding interest.

What is the rock test for regulating obscene material? How was it up dated in Miller

One worthless have no social value to. Expressiveness toward sexual manners. ( After Miller's, this lapse test was added which stands for serious comment literature common artistic common political commissar in different comment. The communication must have at least one of these.

Which is true about cameras in the courtroom when it comes to OJ Simpson case

Public was treated to the spectacle of attorneys, witnesses calmer and even the trial judge of playing to the cameras despite the extreme seriousness of the business at hand. This made many people think cameras hurt the process of Justice and may have decreased support for putting them in court rooms

Hague v. CIO (1939)

Reversed Davis. Streets, sidewalks, and parks are open for assembly and speech. Government can regulate speech here, but not prohibit speech

Freedom of Speech in Privately Owned Shopping Centers 4 cases

SC rulings have been contradictory

Significance of decision in Epperson verses Arkansas

School districts could not prevent teachers from instructing students in scientific facts, opinions in tax supported schools for purely religious reasons

Which of the following laws do some activist think would help general ice to be able to better protect the confidentiality of their sources

Shield laws

One of the reasons the decision in Cohen versus California is especially important is

Shifts the burden of avoiding undesirable speech from the speaker to the hearer

Schneider v. State (1939)

Strengthened Hague.

Widmar, Westside Community Schools

Student Associations: Court typically holds students have the right to form these clubs-Cannot be school sponsored, faculty may only be there to ensure order and good behavior

Hazelwood School District v Kuhlmeier

Student Journalists at Public Schools,Only one case has reached the Supreme Court: Upheld the power of school principals to censor school-sponsored student newspapers so long as such censorship serves valid educational purposes

Tinker Rule

Student expression is constitutionally protected and may not be censored, the Court said, unless school officials can show that the expression:1.Would result in a material and substantial disruption of normal school activities or2.Invades the rights of others

Bethel School District v Fraser

Student made somewhat obscene speech in class election assembly and was suspended-Tinker does not prevent schools from punishing "offensively lewd and indecent speech

Pickering v Board of Education

Teacher's Extramural Speech: •Speech on matters of public concern, strong protection•Speech on employment matters, less _-Fired for criticizing school board policy in letter to editor-Court held this was unconstitutional"...absent proof of false statements knowingly or recklessly made... a teacher's exercise of his right to speak on issues of public importance may not furnish the basis for his dismissal from public employment

When it comes to the right of the media to cover trials, the constitutional balancing at stake usually has to do with tension between

The 1st and the 6 tenements

SC Tinker

The Court found the speech to be "symbolic" and "akin to pure speech.

Hazlewood, Cont.

The Court said schools could censor any forms of expression deemed "ungrammatical, poorly written, inadequately researched, biased or prejudiced, vulgar or profane, or unsuitable for immature audiences," or any expression that advocates "conduct otherwise inconsistent with the shared values of the civilized social order.

Brandenburg v. Ohio

The Court's Per Curiam opinion held that the Ohio law violated Brandenburg's right to free speech.

Which federal agency with a surprising amount of power when it comes to enforcing laws related to the religio moral heresy of obscenity

The Post Office

HAzelwood continues

The majority opinion noted that the school newspaper was not a public forum and thus the 1st Amendment challenge was not valid. Moreover, the court affirmed prior rulings that student rights are not "coextensive" with the rights of adults outside of the school setting. The school may still meet its educational mission while censoring the student newspaper and so the principals editorial control is upheld.

What best summarizes the Supreme Court's decision in Richmond newspapers versus Virginia

The press and the public may be restricted from court rooms so long as the restriction can be supported with evidence that the closure is essential to a fair trial

John Stuart Mill

There is even truth in the most hideous of ideas, Even blasphemy contains a morsel of truth. That untested truth becomes doggma

John Mills

Thought needs to be challenged

As a general rule, the Supreme Court requires the least restrictive means possible whenever control over speech is deemed necessary

True

Burning a cross At a political rally stands a very good chance of being constitutionally protected speech

True

Current law permits cities common towns and localities to legally restrict strip clubs from being Built-in proximities close to schools and churches

True

In 1995 decision Reuben verses chorus brewing, the Supreme Court declared a law prohibiting disclosure of the out all content of beer on labels or in advertising to be violation of the 1st amendment protection for commercial speech

True

In Reno versus ACLU the Supreme Court acknowledged that the government has a legitimate interest in protecting children, but Concluded that the language of the communications decency act was both vague and overbroad and so did not meet constitutional muster

True

In the United States legally obscene material is usually defined as extremely erotic material

True

In thinking about free speech, one way that a chilling effect can happen is when members of the public become disheartened with the state of public affairs and so stop discussing public issues and engaging the democratic, deliberative process the way the founders hoped they would

True

Hudgens v. NLRB

Union members cannot picket a store in a mall

The communitarian approach to free speech

Values the need of the hearer, audience as much as the needs of the speaker

Which case did the Supreme Court explicitly reject for the 1st time, the idea that commercial speech is wholly outside the protection of the 1st limit and repudiate a highly paternalistic view that government has complete power to suppress or regulate commercial speech

Virginia state board of pharmacy versus Virginia citizens consumer council

Time Place and Manner

When, WHere, How, content neetral

The 2 part test for fighting words distinguishes between which 2 groups of speech

Where's while in worthless

The hicklin rule is described by which of the following

Whether the tendency of the matter charged as obscenity Is to deprave or corrupt those whose minds are open to such a more influences as into whose hands such a publication might fall

Permits and Insurance Requirements Case in Skokie, Illinois

White Supremacists wanted to hold a parade in a village near Chicago where Holocaust survivors lived-Town leaders denied permit-Unconstitutional to do so - not content neutral•However, Court has ruled that such regulations are constitutional when they are "reasonable" and administered without discretion.

Favorite Case

Whitney v. California (1927)•Case: Anita Whitney was convicted for active membership in the Communist Labor Party (CLP). The CLP approved a platform to takeover the government. Whitney voted against the pro-violence platform but remained in the party, and was later convicted. Upheld 9-0•Significance: Holmes-Brandeis arguments•Brandeis - in a concurrence that reads like a brilliant dissent!: "No danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech not enforced silence. Only an emergency can justify repression."

William Blackstone,(Not in favor of disrespectful speech) , and John Stuart Mill.

Work on the "commentaries on the laws of England" Wanted to have a band on Prior restraint. But stil believed people shoudl be punished for saying desrespectful tings against the king

Libertarian Approach to speech

You get tp say what you want to say.

Student Speech Rights form a Triangle

_Not protected: speech that advocates illegal drug use (or probably any illegal activity (Morse). _Not protected: speech that is lewd, vulgar, or indecent (Bethel) _THE BASE: Students (and teachers) do not shed their Constitutional rights at the schoolhouse gates, but administrators CAN regulate speech that interferes with classroom instruction or educational activities (Tinker)

Labor Picketing:

_SC has ruled that labor picketing deserves some FA protection and cannot be absolutely prohibited. _It is speech plus, so it can be regulated.• _SC has denied labor the right to picket on behalf of an unlawful objective

In Bigelow V Virginia the Supreme Court held

an ad containing newsworthy information about a legal activity merits constitutional protection

Which case Supreme Court declare that petitioners were asking the court to Grant newsman a testimonial privilege that other citizens do not enjoy this we declined to do

branzburg v Hayes

two clauses in 14 tha amendment

due process and equal protection

Copyright has two guiding purposes

protect power protect creativity and invention

Free Speech in Schools

public institutions are very different than they are at private institutions

McCullen v Coakley

struck down Massachusetts law that barred protests, counseling and other speech near abortion clinics

Univ. Wisconsin case

student fees can go to things students object to

Special Issues in TPM

•Prohibiting political advertising on public transportation•Economic boycott as a form of protest•Enforcing a "campaign-free zone" near a poll•Anonymous campaign literature•Parade sponsorship and limits on participation.