SMAD 370 chapter 2
What are the 6 core values of free speech?
1. Individual Liberty 2. Self government 3. Limited government power 4. Attainment of truth 5. Safety valve 6. Its own end
What are the 3 types of public forums?
1. Traditional- parks/streets/public buildings 2. Designated- within limits 3. Nonpublic- places where there is no history of public access
What is "ad hoc balancing"?
Courts make decisions according to the specific facts o the case under review rather than on the basis on more general principles.
Who was Sir William Blackstone?
He interpreted English common law to define freedom of speech as prohibiting only government censorship prior to publication
What is the significance of "Hill v Colorado"?
Ruled that a state law creating moving, non protest zones around people entering abortion clinics was a valid, narrowly tailored content neutral TPM restriction that directly advanced the government's interest in protect the public from confrontations and harassment.
What are "TPM laws"?
Time/place/manner:
What is "Seditious speech"?
criticism against the government
What are the 3 parts of the O'Brien test?
1. Is not related to the suppression of free speech 2. Advances an important government interest 3. Is narrowly tailored to achieve that interest with only an incidental restriction of free expression
What are the 3 components of a classic prior restraint?
1. It imposes government oversight of whole categories of speech, content or publication 2. It allows the government to choose what content is acceptable 3. It empowers government censors to ban content before it is distributed to the public
What is an "injunction"?
A court order prohibiting a person or organization rom doing some specified act.
What is "rational review"?
A standard of judicial review that assumes the constitutionality of reasonable legislative or administrative enactments and applies minimum scrutiny to their review.
Who was John Milton?
An English poet who wrote "Aeropagitica" and argued for "open marketplace".
Content based vs. Content neutral
Based: regulate what is being said. They single out certain messages for punishment. Neutral: restrict where when and how ideas are expressed.
What is the significance of "Red Lion Broadcasting v FCC"?
Decided in 1969 that, regulations requiring broadcasters to seek out and broadcast competing views on controversial public issues were constitutional.
What is the significance in "Garcetti v Ceballos"?
Distinguished work-related communications from independent government employee search, particularly political speech, and said the first amendment did not prohibit government from limiting or punishing employee work-related expression.
What is the significance of Ward v "Rock Against Racism"?
Established that a content neutral law is narrow tailored if it advances the government's interest reasonably ell and the government interest would suffer in its absence.
What is the one bedrock principle the the supreme court has established?
Freedom of speech and of the press cannot coexist without prior restraint.
What is a "public forum"?
Government property held for use by the public usually for purposes of exercising rights of speech and assembly
What are "laws of "general application"?
Laws such as tax and equal employment laws that fall within the express power of government. Are generally reviewed under minimum scrutiny.
What happened with "The Stolen Valor Act"?
The court amended it so it is now illegal to profit from lying about receiving military honors
What happened in "Borough of Duryea v Guarnieri?"
The court called the chief's claim "an ordinary workplace grievance". Held that the right of the employee to petition for recess just be balanced "against the government's interest...in the efficient management of its internal affairs.
What happened in "United States v O'Brien"?
The court disagreed and affirmed O'Brien's conviction of burning his draft card, focusing on the purposes of the deferral law and how the law operated.
What is the significance of "pleasant grove city v Summum"?
The court established the power of government to select the monuments it chooses to display permanently in its public parks.
What happened in "United States v Alvarez"?
The court found that the first amendment protected false statements, including lying about receiving military honors.
What is the significance of "Citizens United v Federal Elections Commission"?
The court found the BCRA's restriction on corporate and union election spending facially unconstitutional.
What is the significance of "McCutcheon v FEC"?
The court majority said the aggregate limit reduced a individual's ability to participate in the political process without advancing the government's interest in preventing corruption.
What happened in "Prune Yard Shopping Center v Robins"?
The court reasoned that protecting free speech rights of the teenagers did not unduly impose on the rights of the property owner.
What happened in "New York Times Co. v United States"?
The court ruled that a court order preventing publication of news stories based on leaked Pentagon reports was an unconstitutional prior restraint
What happened in "Near v Minnesota"?
The court ruled that prior restraint especially any outright ban on expression, is the least tolerable form of government intervention in the speech marketplace.
What is the significance of "Nelson v McClatchy"?
The court rules that the first amendment protection of editorial autonomy allows newspapers in Washington to prohibit reporters from engaging in political activity.
What happened in "Lane v Franks"?
The court rules that the first amendment protects the right of public employees to testify in court on a matter of public concern.
What happened in "Simon and Schuster v Crime Victims Board"?
The court struck down a New York law that attempt to compensate crime victims and limit the rewards of crime.
What is "categorical balancing"?
The courts look beyond the speech itself to consider the particular circumstances and the extent of harm caused to determine whether the expression is punishable
What did the court rule in "Miami Herald v Tornillo"?
The first amendment barred the government from requiring a newspaper to provide free reply space to political candidates attacked in the paper
When does a law "fit" its purpose?
When it advances the government interest without imposing an unnecessary burden on speech.
What is "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
What is considered a "symbolic expression"?
action that warrants some 1st amendment protection because it primary purpose is to express ideas.
What is "defamation"?
criticism of individuals
What is "strict scrutiny"?
determines tha constitutionality of laws aimed at speech content, under which government must show it is using the least restrictive means available to directly advance a compelling interest
What are "content neutral laws"?
laws that incidentally and unintentionally affect speech as they advance others important government interests
What happened in "Reichle v Howards"?
protester claimed his arrest for harassment after criticizing VP Cheney violated 1st amendment, but court said SS agents were immune from suit because they acted "reasonably" under the established law at that time.
What is "intermediate scrutiny"?
reviews laws that implicate core constitutional values; also called heightened review.
What is "the O'Brien test"?
test used to determine whenever a content neutral law is constitutional
What is the significance of "McCullen v Coakley"?
the Court held that a fixed, 35 foot buffer zone around reproductive clinics was an unconstitutional prior restraint on those who sought to counsel women seeking abortions
What happened in "New York v Sullivan"?
the Court ruled that robust criticism of the government is so vital to democrat the that first amendment protects news media from punishment for unintentional defamation of government officials
What happened in "Snyder v Phelps"?
the court ruled that even "outrageous" speech on a public sidewalk about a public issue cannot be sanctioned.
What is "original intent"?
the perceived intent of the framers of the first amendment that guides some contemporary first amendment application and interpretation
What defines an "important government interest"?
when it is more than merely convenient or reasonable
