chapter 35 - freedom of speech Flashcards
(27 cards)
_____ protects not only the person making the communications, but the _____ .
The Constitution; person receiving it
The essential, core political purpose of the First Amendment is _____.
self-governance
The essential, core political purpose of the First Amendment is self-governance. How does it work?
~ Helping people get information from different sources
~ Helping people make decisions
~ & tell these decisions to the government
Freedom of speech also provides us with a “_____”.
marketplace of ideas
Freedom of speech provides a “_____ _____” that helps people deal w/ change in a more orderly, stable way.
safety valve
In some instances, _____ provides people w/ a right not to speak & not to associate w/ others who propse a different message.
The First Amendment
_____ is anything that treats s*x or nudity in an offensive manner, violates the recognized standards of decency, and lacks serious literary, artistic, political, or scientific value.
Obscenity
How do you classify obscenity?
~ Anything that’s offensive in terms of s*x or nudity
~ Is indecent
~ Lacks literary, artistic, political, or scientific value
Courts have had difficulty developing a precise legal definition of _____.
obscenity
Some communities regulate adult bookstores and theaters through _____ _____.
zoning laws
Laws that restrict bookstores and theaters to special zones or ban them from certain neighborhoods.
zoning laws
The Supreme Court has not always restricted laws to regulate child access to p*rn since it is _____.
over-inclusive
The value placed on _____ in the U.S. makes it difficult for a public official/figure to win a defamation suit.
freedom of speech
Previously, _____ had no protection from courts; today, it receives some protection.
commercial speech
restricts speech at certain times in public places such as roads & train stations at rush hour or that may inconvenience neighbors.
Time, Place, and Manner
requires that the unlawful action be likely to occur within a short period of time, giving speakers greater protection.
The Incitement Test
a general term applying to anything that is immoral, indecent, lewd
obscenity
written or spoken expression about a person that is false and damages that person’s reputation
defamation
speech directed at buying or selling goods & services.
commercial speech
How does the law treat commercial speech?
The law treats commercial speech differently from political speech & other forms of expression.
applying words spoken face-to-face that are so abusive that they are likely to cause an imminent fight between the speaker and the person spoken to
fighting words
bigoted speech attacking or disparaging a social/ethnic group or member of such a group
hate speech
conduct that expresses an idea
symbolic speech
laws governing free speech that are not clear & specific
vague laws
