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Comm Law


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Schenck v US (1919)
Justice Holmes: Clear and Present Danger
Barron v Baltimore
Bill of Rights only applies to Federal Government
Gitlow v New York (1925)
Fourteenth Amendment applies First Amendment to state governments same as federal
Near v Minnesota (1931)
Prior restraint (censorship) is permitted in certain circumstances such as obscenity
As a result of Near v Minnesota, when is censorship allowed?
obscenity, incitement to violence, wartime
Austin v Keefe (1971)
Reinforced Near v Minnesota
NY Times v US; US v Washington Post (1971)
Could have argued against prior restraint; instead argued government failed to prove restraint necessary
US v Progressive (1979)
differentiated from Pentagon Papers
Historical v Contemporary
National Security
Specific Act violated
Time, Place, Manner restrictions
Rules must be content neutral
Rules must not constitute a complete ban on communication
Rules must be justified by a substantial state interest
Rules must be narrowly tailored to further state interest
Absolutist theory
Says First Amendment rights are absolute and unlimited
Meiklejohnian theory
Says free speech is vital to self-government and speech relating to government is absolutely protected
Ad Hoc Balancing theory
Balances free speech against other values, determines freedom of speech on a case by case basis
Access theory
Says all individuals should be able to have their views presented in media
Preferred positions balancing theory
Balances freedom of speech against other rights and values, with a preference toward free speech

Deck Info