Regulating Speech: Precedents
Terms
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- Symbolic speech
- Actions &symbols rather than words
- Due process of Law
- Govt cannot infringe on people's rights to life, liberty, &property
- Miller v. California (1973)
- Measures obscenity; Est'd Miller test
- Chaplinsky v. New Hampshire (1942)
- "Fighting Words" not protected by First Amend
- Schenck v. U.S. (1919)
- Encouraged draftees to protest draft during WWI
- Speech plus
- Verbal + symbolic; maybe limited
- Gitlow v. New York (1925)
- Incorporation of BoR to state(s) under 14th Amend's due process clause
- Pure speech
- Verbal; most protected by courts
- Brandenburg v. Ohio (1969)
- Govt cannot punish inflammatory speech unless directed/likely to incite lawlessness; "clear &present" danger test less restrictive
- Tinker v. Des Moines (1969)
- Wearing black armbands protesting vietnam war is symbolic speech &protected by First Amend
- Communication Decency Act (CDA)
- First govt attempt to regulate **** upon internet
- Texas v. Johnson (1989)
- Flag burning constitutional; symbolic speech
- Miller test: first requirement
- Major theme dos not meet community's contemporary standards
- Reno v. American Civil Liberties Union (1997)
- Communications Decency Act unconstitutional; "Overly broad and vague" in regulating internet speech
- Miller test: second requirement
- Clearly shows sexual behavior outlawed by state law
- Miller test: third requirement
- "Lacks serious literary, artistic, political, and scientific value"