Quiz 10/22 Flashcards
(28 cards)
Published an Ad about MLK with wrong facts, Public safety commissioner sued, Libel action suit
New York Times v Sullivan
ACTUAL MALICE STANDARD- made it harder for public officials to win defamation lawsuits
New York times v Sullivan
Gave the press more leeway to report matters on public officials without fear of being sued
New York Times v Sullivan
Defined that Obscenity is not protected by the 1st amendment and the government has some regulation upon it
Roth v US
Roth test
1957, material can be obscene if appeals to sexual interests
Possession of obscene material in ones home is protected by the First Amendment
Stanley v Georgia
Cannot punish people for what they do in private
Stanley v Georgia
The court can regulate and ban obscenity, regardless of audience consent, Public exhibition does not have the same privacy protections
Paris Adult Theatre v Slaton
Restrictions on public venues showing obscene films
Paris Adult Theatre v Slaton
Applying community standards, prurient interests
1st Miller rule
Sexual conduct in an offensive way
2nd Miller rule
Lacks serious literacy, artistic, political, or scientific value
3rd Miller rule
The Miller test
Miller v California
moved away from national standards, allowed local communities to use their own standards for obscenity
Miller v California
Defined the 2nd amendment, allow to bear arms
District of Columbia v Heller
Struck down DC’s handgun ban
District of Columbia v Heller
“proper cause” to obtain a concealed carry license is unconstitutional
New York State Rifle v Bruen
Which test overturned The Roth Standard
The Miller test
Which test didn’t account for different community values
The Roth Test
which case thinks that community standards should be on a national basis
Jacobellis v Ohio
which case modified the Roth standard by adding that the material must be “utterly without redeeming social value”
Memoirs v Massachusetts
The state has a “rational basis” to regulate obscene materials even in a private theatre
Paris Adult Theatre v Slaton
child pornography can be regulated more strictly regardless of the miller test due to the interest protecting children
New York v Ferber
The primary standards for obscenity since 1973
Miller v California
