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Regulating Speech: Precedents

Terms

undefined, object
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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"

Deck Info

16

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