Quiz Flashcards
(30 cards)
During World War I__________ (1919) the general secretary of the Socialist Party, distributed leaflets urging resistance to the military draft
- He was charged under the Espionage Act of 1917
- violated his 1st Amendment
- established the “ clear and present danger” test
- ruling: lost
Scheneck v. United States (1919)
A socialist, was arrested for distributing a “ Left Wing Manifesto” that called for the violent overthrow of the U.S. government
- violated his 1st Amendment
- ruling: lost
Gitlow v. New York ( 1925)
General Secretary of the communist party USA, and the other party leaders were convicted under the Smith Act of 1940, which made it a crime to advocate the violent overthrow of the U.S. government
- Government claimed they conspiring to organize for that purpose, even though there was no evidence of a threat or plan
- Violated his 1st Amendment
- Court “ Clear and present danger” Test
- Ruling: Lost
Dennis v. United States (1951)
Concluding speech could be restricted if the gravity of THREAT was high even if the probability of it occurring was low
“ Clear and present danger” Test
Is the idea that some rights like: Freedom of Speech SHOULD NEVER BE LIMITED NO MATTER WHAT.
Absolute Freedom Test
A Ku Klux Klan leader in Ohio, gave a speech at a Klan rally where he talked about possible revenge against the government if it continued to suppress white people. He was arrested for violated Violence or terrorism to promote political reform
- Violated 1st Amendment
- Imminent Lawless Action” Test
Ruling: Won ( it did not incite immediate violence)
Brandenburg v. Ohio (1969)
“You can’t punish speech unless it’s meant to cause crime right now.” Ex
Brandenburg Test
1) There is intent to convey a specific message
2) There’s a great likelihood that people who see it will understand the message
Symbolic speech
Burned his draft card on the steps of a Boston courthouse to protest the Vietnam War, he was arrested for destroying his draft card ( which is required for selective service records )
- _____ Test
Ruling: Lost
United States V. O’Brien ( 1968 )
Gregory Lee_______ burned an American flag during the Republican National Convention in Dallas, Texas, as a form of political protest against the Reagan administration’s policies.
He was arrested and convicted under a Texas law that prohibited desecrating the American flag.
Johnson argued that his actions were protected speech under the First Amendment.
- Violated 1st Amendment
Ruling: Won
Texas v. Johnson (1989)
A Jehovah’s Witness, was preaching in public and criticizing organized religion.
When a crowd became hostile, police intervened._______ called a city marshal “a damned fascist” and “a racketeer.”
He was arrested under a New Hampshire law that prohibited speaking offensive or derisive words in public.
- Violated 1st amendment rights
- NEVER BEEN OVERRULED
Chaplinsky v. New Hampshire (1942)
Paul wore a jacket in a California courthouse with the words: “F* THE DRAFT”**
to protest the Vietnam War.
He was arrested and convicted under a California law that prohibited disturbing the peace by using offensive language in public.
- Violated 1st amendment rights
- Ruling: Won
Cohen v. California (1971)
must be based on legitimate time, place, and
manner considerations
Permit procedures
A group of teenagers, including a minor referred to as ______burned a cross on the lawn of an African American family in St. Paul, Minnesota.
_______was charged under a city ordinance that banned placing symbols (like swastikas or burning crosses) on public or private property if they were likely to arouse anger or alarm based on race, religion, or gender
- Violated 1st amendment rights
Ruling: Won
R.A.V. v. City of St. Paul (1992)
The Westboro Baptist Church, led by Fred_____, protested near the funeral of Marine Matthew Snyder, who died in Iraq.
Their signs said things like “Thank God for Dead Soldiers” and “God Hates Fags”, claiming U.S. military deaths were punishment for America’s tolerance of homosexuality.
- Violated 1st amendment rights
- Ruling: Won
Snyder v. Phelps (2011)
In 1965, John and Mary Beth_______ and a few other students wore black armbands to school to protest the Vietnam War.
The school told them to remove the armbands or face suspension. When they refused, they were suspended.
- Violated 1st amendment rights
- Ruling: Won
Tinker v. Des Moines Indpt. Comm. School District
(1969)
In 2002, Joseph, a high school student in Alaska, held up a banner reading: “BONG HiTS 4 JESUS”
during the Olympic Torch Relay, across the street from his school.
The principal, Deborah Morse, saw the banner and suspended him, saying it promoted illegal drug use.
- violated 1st amendment rights
- Ruling: Lost
Morse v. Frederick (2007)
Jehovah’s Witness students refused to salute the American flag or say the Pledge of Allegiance at school because it violated their religious beliefs.
The West Virginia school board required all students to participate, or face expulsion.
- Violated 1st amendment rights
- Ruling: Won
West Virginia State Board of Education v. Barnette (1943)
Jay, a newspaper publisher in Minnesota, printed articles accusing local officials of being involved with gangsters.
The state used a “gag law” (Public Nuisance Law) to stop him from publishing the paper, claiming it was malicious, scandalous, and defamatory
- Violated 1st amendment rights
- Ruling: Won
Near v. Minnesota (1931)
The New York Times and Washington Post obtained a classified government report (the Pentagon Papers) revealing how the U.S. had misled the public about the Vietnam War.
The Nixon administration tried to block publication, claiming it would harm national security.
- Violated 1st amendment rights
- Ruling: Won
New York Times v. United States (1971)
Students at East High School wrote articles for their school newspaper about teen pregnancy and divorce.
The principal removed the articles before publication, saying they were inappropriate and could invade students’ privacy.
- Violated 1st amendment rights
- Ruling: Lost
Hazelwood School District v. Kuhlmeier (1988)
A reporter for the Louisville Courier-Journal, was subpoenaed to testify before a grand jury about the identities of confidential sources he used in stories about drug use in Kentucky.
Two other reporters had similar situations where they were asked to reveal sources for stories about illegal activity.
- Violated 1st Amendment
Ruling: Lost
Branzburg v. Hayes (1972)
During the Civil Rights Movement, the New York Times published a full-page ad criticizing police actions in Montgomery, Alabama.
The ad had some factual errors.
L.B. ______, a city commissioner, sued the Times for libel, claiming the ad damaged his reputation—even though he wasn’t directly named.
An Alabama jury awarded him $500,000
- Violated 1st amendment rights
- Ruling: Yes
New York Times v. Sullivan (1964)