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Government First Amendment


undefined, object
copy deck
in this case the court held that expression by motion pictures is guaranteed by the First Amendment
Burstyn vs. Wilson
in this case the court ruled speech on the internet was closer to print media
Reno vs. ACLU
in this case the court ruled that communities should set their own standards for obscenity
Miller vs. California
speech that has a profit motive
order by a judge barring the press from publishing info about a pending court case
gag order
laws that give reporters some means of protection from being forced to disclose sources
shield laws
this prohibits any person from speaking any offensive, derisive, or annoying word to any other person who is lawfully in any street or public place
"Fighting Words"
prior restraint is forbidden in the US with the exception of
matters relating to national security
in this case the court decided press coverage had interfered with the right to a fair trial
Sheppard vs. Maxwell
Pentagon Papers case is also
New York Times vs. United States
KKK Holocaust thing
this case established that police may disperse a demonstration to keep the peace
Feiner vs. New York
when the public vetoes the free speech and assembly rights of unpopular groups by claiming demonstrations will result in violence is
heckler's veto
this amendment defined citizenship and laid the groundwork for individual rights
due process clause does 2 things
apply bill o rights to state/local gov's

include other protections bill o rights guarantees
citizens who believe that a state or local authority has denied them their basic rights may take their case to federal court
states that congress can make no law respecting an establishment of religion
establishment clause
prohibits government from unduly interfering with the free exercise of religion
Free exercise clause
3 part test to decide whether giving aid violates the establishment clause
Lemon Test
test states that the government cannot endorse or even appear to endorse any one religion
endorsement test
a law that forces a person to participate in a religious ceremony is unconstitutional
coercion test
this act allows religious groups to hold meetings in public high schools
Equal Access Act
in this case a Mormon man claimed a polygamy law abridged, or limited his freedom of religion
Reynolds vs. United States
2 flag salute cases
Minnersville vs. Gobitis

West Virginia State Board of Education vs. Barnette
any speech urging resistance to lawful authority or advocating the overthrow of the government
seditious speech
the 3 constitutional tests to establish limits on free speech
Clear and Present Danger

Bad Tendency

Preferre Position
this case demonstrates the Clear and Present Danger test
Schenck vs. United States
3 sedition laws passed by congress
Smith Act

Yates vs. United States

Bradenburg vs. Ohio
Smith Act
a crime to advocate revolution
Yates vs. United States
merely expressing opinion that gov't should be overthrown is illegal
Bradenburg vs. Ohio
advocating use of force cannot be forbidden
slander is __ libel is ___
spoken written

Deck Info