Lecture 10 Flashcards
(25 cards)
What two rights does “freedom of expression” include?
Freedom of speech and freedom of the press.
Is freedom of expression absolute under the First Amendment?
No, it is not considered absolute and can be limited in certain cases.
Why is freedom of expression important?
It supports an informed citizenry, a government watchdog, minority voices, and preservation of truth.
What danger exists in regulating expression?
Choosing expression based on preference risks undermining the First Amendment’s purpose.
What did the Alien and Sedition Act of 1798 do?
It outlawed false, scandalous writing against the U.S. government.
How were abolitionist writings treated in the 1800s South?
They were often restricted and censored.
What did the Espionage Act (1917) criminalize?
Obstructing U.S. military recruitment or enlistment.
What is the “bad tendency” test?
Speech can be restricted if it tends to lead to illegal action.
What is the “clear and present danger” test (Schenck v. U.S.)?
Speech can be restricted if it poses an immediate, serious harm.
What did Brandenburg v. Ohio (1969) establish?
Only speech inciting imminent lawless action can be restricted.
What is symbolic speech?
Nonverbal actions that convey a message or opinion.
What test did U.S. v. O’Brien (1968) establish for regulating expressive conduct?
Restrictions must be constitutional, serve important interests, not target speech, and be narrowly tailored.
Is flag burning protected speech?
Yes, according to repeated Supreme Court rulings.
Can cross burning be restricted? Why?
Yes, because it is often intended as a threat of violence.
How did U.S. v. Miller (1973) define obscenity?
Based on local standards and if the work is patently offensive and lacks serious value.
What are the two prongs of the Miller test for obscenity?
(1) Whether it depicts sexual conduct offensively, and (2) lacks literary, artistic, political, or scientific value.
What are “fighting words”?
Speech intended solely to provoke a violent response.
How has the Court treated hate speech laws?
Courts generally strike down laws that regulate speech content based on offensiveness.
What is “political correctness”?
A cultural movement to discourage offensive or discriminatory speech.
What is “prior restraint”?
Government action to prevent publication before it occurs.
What was the ruling in U.S. v. NYT (1971)?
The government could not stop the Pentagon Papers’ publication—national security was not a sufficient reason.
What is libel?
Written defamation of character.
What did NYT v. Sullivan (1960) establish about libel and public figures?
Public figures must prove actual malice to win libel cases.
Whose right is protected by the Sixth Amendment right to a public trial?
The defendant’s right, although public access is generally allowed.
