Security v Speech 2.02
Which of the following represents a Bill of Rights provision and related application that protects freedom of expression?
First Amendment—presumption against prior restraint
"The question is whether a statute authorizing such proceedings in restraint of publication is consistent with the conception of the liberty of the press as historically conceived and guaranteed. In determining the extent of the constitutional protection, it has been generally, if not universally, considered that it is the chief purpose of the guaranty to prevent previous restraints upon publication. The struggle in England, directed against the legislative power of the licenser, resulted in renunciation of the censorship of the press." —Chief Justice Hughes, Near v. Minnesota (1930) Which of the following Supreme Court cases has a common constitutional debate with this excerpt?
New York Times Co. v. United States (1971)
Which statement explains how the Supreme Court ruling in New York Times Co. v. United States (1971) interpreted the balance of power of government and individual rights?
The publishing of sensitive government documents does not support prior restraint.
"Accordingly, a function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger." —Justice Douglas, Terminiello v. Chicago (1949) Which of the following Supreme Court interpretations of the First Amendment does Terminiello v. Chicago (1949) have in common with Schenck v. United States (1919)?
clear and present danger
In Brandenburg v. Ohio (1969), the Supreme Court established the Brandenburg test, which states that speech can be prohibited if there was high risk of harm from the speech and if the harm was about to happen or immediate. This reflects a change in which of the following Supreme Court applications of the First Amendment?
clear and present danger
In Schenck v. United States (1919), the Supreme Court ruled that freedom of speech could be restricted if it
creates a clear and present danger
In Morse v. Frederick (2007), a student held up a banner with a message that seemed to promote illegal drug use at a school-supervised event. The school principal took away the banner and suspended the student for 10 days. She reasoned that her actions were justified by the school's policy against the display of material that promotes illegal drug use. The student alleged that his First Amendment rights were violated and sued the principal. Which First Amendment provision does Morse v. Frederick (2007) have in common with Tinker v. Des Moines Independent Community School District (1969)?
Freedom of expression
In Near v. Minnesota ex rel. Olson (1931), the Supreme Court held that the state of Minnesota could not restrict the publishing of a local newspaper because it previously published a "scandal sheet" that printed disagreements with local officials and implicating them in involvement with gangsters. Which case and rule relates to Near v. Minnesota ex rel. Olson (1931)?
New York Times Co. v. United States (1971)—prior restraint
Based on previous Supreme Court rulings, the form of speech in the image could be limited if it
occurs at a specific place, time, or manner
Online hackers have obtained and published classified U.S. documents about the wars in Afghanistan and Iraq. Government leaders are concerned that leaks of classified documents could compromise national security and foreign policy interests. Which of the following Supreme Court rules applies to this scenario?
prior restraint
