Podcast
Questions and Answers
Which of the following best describes the relationship between a 'policy' and a 'law'?
Which of the following best describes the relationship between a 'policy' and a 'law'?
- Laws and policies are interchangeable terms with no distinct differences.
- Policies are always created after laws to refine their implementation.
- A policy is the enforcement mechanism for a law.
- A law is a set of guidelines that attempt to guide conduct and provide sanctions when the rules are violated, whereas a policy is a plan or course of action designed to achieve a set of goals. (correct)
Common law is derived from statutes written by Congress and state legislatures.
Common law is derived from statutes written by Congress and state legislatures.
False (B)
What is the ultimate authority when there is a conflict between a state constitution and the federal constitution?
What is the ultimate authority when there is a conflict between a state constitution and the federal constitution?
federal constitution
Law developed by an independent regulatory agency created by Congress is known as ________ Law.
Law developed by an independent regulatory agency created by Congress is known as ________ Law.
Match the type of law with its description:
Match the type of law with its description:
The 'Click it or Ticket' campaign is an example of how:
The 'Click it or Ticket' campaign is an example of how:
Which amendment ensures that any powers not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or the people?
Which amendment ensures that any powers not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or the people?
According to the First Amendment, besides freedom of speech and the press, what other freedoms are protected?
According to the First Amendment, besides freedom of speech and the press, what other freedoms are protected?
According to the principle of reserved powers, which entity holds authority over matters not explicitly delegated to the federal government by the Constitution?
According to the principle of reserved powers, which entity holds authority over matters not explicitly delegated to the federal government by the Constitution?
The Bill of Rights initially limited only the power of state governments, not the federal government.
The Bill of Rights initially limited only the power of state governments, not the federal government.
What specific section of the 14th Amendment has been used to argue for the application of the Bill of Rights to the states?
What specific section of the 14th Amendment has been used to argue for the application of the Bill of Rights to the states?
The concept of 'incorporation plus' suggests that the 14th Amendment includes the Bill of Rights and other ideas essential to ________.
The concept of 'incorporation plus' suggests that the 14th Amendment includes the Bill of Rights and other ideas essential to ________.
Match each rationale for free speech with its description:
Match each rationale for free speech with its description:
Which view of the First Amendment asserts that the rights within it are unchangeable?
Which view of the First Amendment asserts that the rights within it are unchangeable?
Under the 'definitional balancing' approach to the First Amendment, all forms of speech are protected, even those considered 'fighting words'.
Under the 'definitional balancing' approach to the First Amendment, all forms of speech are protected, even those considered 'fighting words'.
What was the primary purpose of the Licensing Act in the English colonies?
What was the primary purpose of the Licensing Act in the English colonies?
John Milton argued that people have the right to express their ideas and govern themselves in his work called ________.
John Milton argued that people have the right to express their ideas and govern themselves in his work called ________.
Why was Schenk arrested in Schenck v. US (1919)?
Why was Schenk arrested in Schenck v. US (1919)?
In Schenck v. US, the Supreme Court ruled in favor of Schenk, upholding his First Amendment right to free speech.
In Schenck v. US, the Supreme Court ruled in favor of Schenk, upholding his First Amendment right to free speech.
What legal test emerged from Schenck v. US that allows the government to restrict speech?
What legal test emerged from Schenck v. US that allows the government to restrict speech?
In Abrams v. US, Justice Oliver Wendell Holmes wrote the ________ opinion, contrasting with his majority opinion in Schenck v. US.
In Abrams v. US, Justice Oliver Wendell Holmes wrote the ________ opinion, contrasting with his majority opinion in Schenck v. US.
Which of the following best describes the 'Marketplace of Ideas'?
Which of the following best describes the 'Marketplace of Ideas'?
What concept, highlighted by Justice Oliver Wendell Holmes, suggests that the best test of truth is the ability of an idea to gain acceptance in open competition?
What concept, highlighted by Justice Oliver Wendell Holmes, suggests that the best test of truth is the ability of an idea to gain acceptance in open competition?
According to the content, the 'Marketplace of Ideas' functions effectively even without active participation and engagement from the public.
According to the content, the 'Marketplace of Ideas' functions effectively even without active participation and engagement from the public.
Match the case with its description:
Match the case with its description:
Define 'cognitive dissonance' and provide a brief example.
Define 'cognitive dissonance' and provide a brief example.
In Gitlow v. New York, the Supreme Court addressed the connection between the First Amendment and the levels of __________.
In Gitlow v. New York, the Supreme Court addressed the connection between the First Amendment and the levels of __________.
Match the court cases with their significance regarding free speech:
Match the court cases with their significance regarding free speech:
In Brandenburg v. Ohio, the Supreme Court's decision hinged on the distinction between:
In Brandenburg v. Ohio, the Supreme Court's decision hinged on the distinction between:
Advocating an idea, even if controversial, is always illegal under the First Amendment.
Advocating an idea, even if controversial, is always illegal under the First Amendment.
What three elements are considered when determining whether speech crosses the line from advocacy to incitement, as established in Brandenburg v. Ohio?
What three elements are considered when determining whether speech crosses the line from advocacy to incitement, as established in Brandenburg v. Ohio?
The __________ position suggests that the burden of proof lies on the government to justify restrictions on the right to express ourselves.
The __________ position suggests that the burden of proof lies on the government to justify restrictions on the right to express ourselves.
Which of the following scenarios best illustrates the principle of 'strict scrutiny'?
Which of the following scenarios best illustrates the principle of 'strict scrutiny'?
Under 'strict scrutiny', a law restricting speech is acceptable if there are other, less restrictive ways to achieve the same goal.
Under 'strict scrutiny', a law restricting speech is acceptable if there are other, less restrictive ways to achieve the same goal.
What are 'fighting words' as defined in Chaplinsky v. New Hampshire?
What are 'fighting words' as defined in Chaplinsky v. New Hampshire?
The First Amendment applies to speech in __________ property, as demonstrated in Chaplinsky v. New Hampshire.
The First Amendment applies to speech in __________ property, as demonstrated in Chaplinsky v. New Hampshire.
What was Chaplinsky's main argument in Chaplinsky v. New Hampshire?
What was Chaplinsky's main argument in Chaplinsky v. New Hampshire?
According to the material, 'fighting words' are protected under the First Amendment if they are part of a political debate.
According to the material, 'fighting words' are protected under the First Amendment if they are part of a political debate.
In the context of 'fighting words,' which factor is MOST critical in determining whether speech loses its First Amendment protection?
In the context of 'fighting words,' which factor is MOST critical in determining whether speech loses its First Amendment protection?
A 'free speech zone' invariably enhances free speech by providing a designated area where individuals can express their views without limitations.
A 'free speech zone' invariably enhances free speech by providing a designated area where individuals can express their views without limitations.
In RAV v. St. Paul, what crucial element was missing that distinguished it from Virginia v. Black and led to a different Supreme Court ruling regarding the burning of a cross?
In RAV v. St. Paul, what crucial element was missing that distinguished it from Virginia v. Black and led to a different Supreme Court ruling regarding the burning of a cross?
The concept of 'Tyranny of the Majority' suggests that protecting free speech is MOST important for the ______, as their views may be suppressed in a direct democracy.
The concept of 'Tyranny of the Majority' suggests that protecting free speech is MOST important for the ______, as their views may be suppressed in a direct democracy.
Match each case with the primary constitutional question it addresses:
Match each case with the primary constitutional question it addresses:
In Cohen v. California, why was Cohen's conviction overturned despite wearing a jacket with offensive language?
In Cohen v. California, why was Cohen's conviction overturned despite wearing a jacket with offensive language?
The Supreme Court has consistently ruled that the government can prohibit speech solely because it is emotionally painful to certain groups.
The Supreme Court has consistently ruled that the government can prohibit speech solely because it is emotionally painful to certain groups.
According to the content, what is the key requirement for restrictions on speech to be considered acceptable in the context of parade permits, as seen in Village of Skokie v. National Socialist Party?
According to the content, what is the key requirement for restrictions on speech to be considered acceptable in the context of parade permits, as seen in Village of Skokie v. National Socialist Party?
In US v. O'Brien, the Supreme Court ruled that the government's interest in maintaining a functioning ______ system outweighed O'Brien's right to protest by burning his draft card.
In US v. O'Brien, the Supreme Court ruled that the government's interest in maintaining a functioning ______ system outweighed O'Brien's right to protest by burning his draft card.
What was the central argument of the four dissenting Supreme Court justices in Texas v. Johnson regarding the burning of the American flag?
What was the central argument of the four dissenting Supreme Court justices in Texas v. Johnson regarding the burning of the American flag?
Absolutism, as an interpretation of the First Amendment, suggests that there should be no restrictions on speech whatsoever.
Absolutism, as an interpretation of the First Amendment, suggests that there should be no restrictions on speech whatsoever.
What are the four specific instances when prior restraint, which involves restricting publication before its release, is constitutionally permissible, according to the content?
What are the four specific instances when prior restraint, which involves restricting publication before its release, is constitutionally permissible, according to the content?
Which of the following is the BEST definition of prior restraint?
Which of the following is the BEST definition of prior restraint?
According to the content, the case of ______ exemplifies how the government can't punish those who express race, religious and gender intolerance, even when their views are considered painful and hurtful.
According to the content, the case of ______ exemplifies how the government can't punish those who express race, religious and gender intolerance, even when their views are considered painful and hurtful.
Symbolic speech is NOT protected under the First Amendment.
Symbolic speech is NOT protected under the First Amendment.
According to the Supreme Court's ruling, in what situations do school regulations extend to off-campus speech?
According to the Supreme Court's ruling, in what situations do school regulations extend to off-campus speech?
The Auburn Plainsman operates under the principle of faculty censorship, ensuring all content aligns with university messaging.
The Auburn Plainsman operates under the principle of faculty censorship, ensuring all content aligns with university messaging.
In the context of the Auburn Plainsman and the 'Speak Lowder' editorial, what was the primary concern regarding the placement of the editorial?
In the context of the Auburn Plainsman and the 'Speak Lowder' editorial, what was the primary concern regarding the placement of the editorial?
Schools should teach students that the free exchange of ideas facilitates an ______ public opinion.
Schools should teach students that the free exchange of ideas facilitates an ______ public opinion.
Match the following scenarios with the corresponding potential impact on court proceedings:
Match the following scenarios with the corresponding potential impact on court proceedings:
What was Canon 35, and what was the reasoning behind it?
What was Canon 35, and what was the reasoning behind it?
In Sheppard v. Maxwell, the judge's allowance of cameras in the courtroom was a key factor in Sheppard's initial conviction.
In Sheppard v. Maxwell, the judge's allowance of cameras in the courtroom was a key factor in Sheppard's initial conviction.
What was Sam Sheppard's profession?
What was Sam Sheppard's profession?
In the Sheppard v. Maxwell case, Sheppard claimed that he didn't murder his wife but that a ______ haired man did.
In the Sheppard v. Maxwell case, Sheppard claimed that he didn't murder his wife but that a ______ haired man did.
What was the ultimate outcome of the Sheppard v. Maxwell case?
What was the ultimate outcome of the Sheppard v. Maxwell case?
What was the primary concern regarding the media coverage of the Lindbergh/Hauptmann trial?
What was the primary concern regarding the media coverage of the Lindbergh/Hauptmann trial?
Hauptmann was found not guilty in the Lindbergh kidnapping case but was later proven to be guilty.
Hauptmann was found not guilty in the Lindbergh kidnapping case but was later proven to be guilty.
What was the profession of Linbergh?
What was the profession of Linbergh?
The Sixth Amendment guarantees the right to a speedy and public trial by an ______ jury.
The Sixth Amendment guarantees the right to a speedy and public trial by an ______ jury.
Why did Sam Sheppard's first call for help raise suspicion about his involvement in his wife's murder?
Why did Sam Sheppard's first call for help raise suspicion about his involvement in his wife's murder?
In Near v. Minnesota (1931), what was the primary reason the Supreme Court ruled in favor of Near, striking down the Minnesota law?
In Near v. Minnesota (1931), what was the primary reason the Supreme Court ruled in favor of Near, striking down the Minnesota law?
In Trinity Methodist Church v. FRC (1934), the court sided with Bob Shuler, arguing that denying him a broadcast license violated his First Amendment rights.
In Trinity Methodist Church v. FRC (1934), the court sided with Bob Shuler, arguing that denying him a broadcast license violated his First Amendment rights.
What legal concept, established in Red Lion Broadcasting v. FCC (1969), requires broadcasters to provide an opportunity for response to individuals attacked on their stations?
What legal concept, established in Red Lion Broadcasting v. FCC (1969), requires broadcasters to provide an opportunity for response to individuals attacked on their stations?
In Miami Herald v. Tornillo (1974), the Supreme Court ruled that newspapers ______ obligated to provide a right of reply to political candidates they criticize.
In Miami Herald v. Tornillo (1974), the Supreme Court ruled that newspapers ______ obligated to provide a right of reply to political candidates they criticize.
Match the following cases with their central theme:
Match the following cases with their central theme:
In which case did the Supreme Court first articulate that students do not 'shed their constitutional rights to freedom of speech or expression at the schoolhouse gate?'
In which case did the Supreme Court first articulate that students do not 'shed their constitutional rights to freedom of speech or expression at the schoolhouse gate?'
The Supreme Court ruled in Bethel School District v. Fraser that schools must tolerate student speech containing sexual innuendos as a form of protected expression.
The Supreme Court ruled in Bethel School District v. Fraser that schools must tolerate student speech containing sexual innuendos as a form of protected expression.
In Morse v. Frederick, what specific message on the banner displayed by Frederick led to his suspension and the subsequent legal challenge?
In Morse v. Frederick, what specific message on the banner displayed by Frederick led to his suspension and the subsequent legal challenge?
The Supreme Court's decision in Hazelwood v. Kuhlmeier hinged on determining ______ of the school newspaper.
The Supreme Court's decision in Hazelwood v. Kuhlmeier hinged on determining ______ of the school newspaper.
Which factor did the Supreme Court emphasize in Mahanoy Area School District v. B.L. when ruling in favor of the student's off-campus speech?
Which factor did the Supreme Court emphasize in Mahanoy Area School District v. B.L. when ruling in favor of the student's off-campus speech?
According to Mahanoy Area School District v. B.L., schools have the same level of authority to regulate off-campus speech as they do on-campus speech.
According to Mahanoy Area School District v. B.L., schools have the same level of authority to regulate off-campus speech as they do on-campus speech.
According to the Supreme Court ruling in Mahanoy Area School District v. B.L., who typically holds responsibility, geographically speaking, for a student's off-campus speech?
According to the Supreme Court ruling in Mahanoy Area School District v. B.L., who typically holds responsibility, geographically speaking, for a student's off-campus speech?
What is the term for when a government entity makes a decision over an individual's publications?
What is the term for when a government entity makes a decision over an individual's publications?
In Red Lion Broadcasting v. FCC, the court case revolved around the idea that while everyone can have a newspaper, everyone cannot have a ______ .
In Red Lion Broadcasting v. FCC, the court case revolved around the idea that while everyone can have a newspaper, everyone cannot have a ______ .
What was Fred Cook's role in Red Lion Broadcasting v. FCC, 1969?
What was Fred Cook's role in Red Lion Broadcasting v. FCC, 1969?
In Irvin v. Dowd (1961), what was the Supreme Court's ruling regarding pre-trial publicity?
In Irvin v. Dowd (1961), what was the Supreme Court's ruling regarding pre-trial publicity?
In Rideau v. Louisiana (1963), the Supreme Court ruled that televising Rideau's confession before the trial did not impact the fairness of his trial, as he was found guilty anyway.
In Rideau v. Louisiana (1963), the Supreme Court ruled that televising Rideau's confession before the trial did not impact the fairness of his trial, as he was found guilty anyway.
In Estes v. Texas (1965), what was a central concern regarding cameras in the courtroom?
In Estes v. Texas (1965), what was a central concern regarding cameras in the courtroom?
What was Chandler accused of in Chandler v. Florida (1981)?
What was Chandler accused of in Chandler v. Florida (1981)?
What was the Supreme Court's ruling in Chandler vs. Florida (1981) regarding cameras in the courtroom?
What was the Supreme Court's ruling in Chandler vs. Florida (1981) regarding cameras in the courtroom?
In Nebraska Press Association v. Stuart (1976), the court issued a _______ _______, ordering the media to not report on the case.
In Nebraska Press Association v. Stuart (1976), the court issued a _______ _______, ordering the media to not report on the case.
In Nebraska Press Association v. Stuart (1976), what did the gag order prohibit?
In Nebraska Press Association v. Stuart (1976), what did the gag order prohibit?
The Supreme Court in Nebraska Press Association v. Stuart (1976) completely prohibited gag orders as a violation of the First Amendment.
The Supreme Court in Nebraska Press Association v. Stuart (1976) completely prohibited gag orders as a violation of the First Amendment.
Match the following remedies for pre-trial publicity with their descriptions:
Match the following remedies for pre-trial publicity with their descriptions:
Which of the following is a significant drawback of a 'continuance' as a remedy for pre-trial publicity?
Which of the following is a significant drawback of a 'continuance' as a remedy for pre-trial publicity?
What is a primary disadvantage of implementing a 'change of venue' to mitigate pre-trial publicity?
What is a primary disadvantage of implementing a 'change of venue' to mitigate pre-trial publicity?
What makes sequestering a jury a stressful process?
What makes sequestering a jury a stressful process?
According to the material, gag orders are extremely effective at preventing the spread of information, particularly with social media.
According to the material, gag orders are extremely effective at preventing the spread of information, particularly with social media.
A trial that gets moved from Atlanta to Birmingham is an example of _______________.
A trial that gets moved from Atlanta to Birmingham is an example of _______________.
Which of the following accurately describes the downside to a new trial?
Which of the following accurately describes the downside to a new trial?
Flashcards
Policy
Policy
A plan or course of action designed by society to achieve a set of goals.
Law
Law
A set of rules that attempt to guide conduct and provide sanctions when the rules are violated.
Common Law
Common Law
Law derived from decisions in disputes; precedent guides judgment.
Statutory Law
Statutory Law
Signup and view all the flashcards
Constitutional Law
Constitutional Law
Signup and view all the flashcards
Administrative Law
Administrative Law
Signup and view all the flashcards
Levels of Courts (The Judiciary)
Levels of Courts (The Judiciary)
Signup and view all the flashcards
First Amendment
First Amendment
Signup and view all the flashcards
Federalism
Federalism
Signup and view all the flashcards
14th Amendment
14th Amendment
Signup and view all the flashcards
Levels of Incorporation
Levels of Incorporation
Signup and view all the flashcards
Why Free Speech?
Why Free Speech?
Signup and view all the flashcards
Absolutism (1st Amendment)
Absolutism (1st Amendment)
Signup and view all the flashcards
Restriction (1st Amendment)
Restriction (1st Amendment)
Signup and view all the flashcards
Definitional Balancing
Definitional Balancing
Signup and view all the flashcards
Ad Hoc Balancing
Ad Hoc Balancing
Signup and view all the flashcards
Licensing Act
Licensing Act
Signup and view all the flashcards
John Milton
John Milton
Signup and view all the flashcards
Clear and Present Danger Test
Clear and Present Danger Test
Signup and view all the flashcards
Schenk v. US (1919)
Schenk v. US (1919)
Signup and view all the flashcards
Abrams v. US (1919)
Abrams v. US (1919)
Signup and view all the flashcards
Marketplace of Ideas
Marketplace of Ideas
Signup and view all the flashcards
Holmes' Abrams Dissent
Holmes' Abrams Dissent
Signup and view all the flashcards
Marketplace of Ideas: Requires
Marketplace of Ideas: Requires
Signup and view all the flashcards
Cognitive Dissonance
Cognitive Dissonance
Signup and view all the flashcards
Gitlow v. New York (1925)
Gitlow v. New York (1925)
Signup and view all the flashcards
Advocacy vs. Incitement
Advocacy vs. Incitement
Signup and view all the flashcards
Intent/Imminence/Likelihood
Intent/Imminence/Likelihood
Signup and view all the flashcards
Preferred Position
Preferred Position
Signup and view all the flashcards
Strict Scrutiny
Strict Scrutiny
Signup and view all the flashcards
Fighting Words Doctrine
Fighting Words Doctrine
Signup and view all the flashcards
Chaplinsky v. New Hampshire (1942)
Chaplinsky v. New Hampshire (1942)
Signup and view all the flashcards
Brandenburg v. Ohio (1969)
Brandenburg v. Ohio (1969)
Signup and view all the flashcards
Speech
Speech
Signup and view all the flashcards
Constitution
Constitution
Signup and view all the flashcards
Government's vital interest
Government's vital interest
Signup and view all the flashcards
Fighting Words
Fighting Words
Signup and view all the flashcards
Free Speech Zone
Free Speech Zone
Signup and view all the flashcards
Symbolic Speech
Symbolic Speech
Signup and view all the flashcards
True Threat
True Threat
Signup and view all the flashcards
Tyranny of the Majority
Tyranny of the Majority
Signup and view all the flashcards
Reasonable Restrictions in Speech
Reasonable Restrictions in Speech
Signup and view all the flashcards
No Right to Not Be Offended
No Right to Not Be Offended
Signup and view all the flashcards
Limits on Symbolic Speech
Limits on Symbolic Speech
Signup and view all the flashcards
Prior Restraint
Prior Restraint
Signup and view all the flashcards
Restriction (of Absolutism)
Restriction (of Absolutism)
Signup and view all the flashcards
Obscenity
Obscenity
Signup and view all the flashcards
Incitement of Violence
Incitement of Violence
Signup and view all the flashcards
Off-Campus Speech Regulation
Off-Campus Speech Regulation
Signup and view all the flashcards
Open Forum (College Media)
Open Forum (College Media)
Signup and view all the flashcards
Sixth Amendment
Sixth Amendment
Signup and view all the flashcards
Danger of Pre-Trial Publicity
Danger of Pre-Trial Publicity
Signup and view all the flashcards
Media Circus
Media Circus
Signup and view all the flashcards
Canon 35
Canon 35
Signup and view all the flashcards
Sheppard v. Maxwell (1966)
Sheppard v. Maxwell (1966)
Signup and view all the flashcards
Impartial Jury
Impartial Jury
Signup and view all the flashcards
Open Trial
Open Trial
Signup and view all the flashcards
Lindbergh Case
Lindbergh Case
Signup and view all the flashcards
Balancing Act : Fair Trial vs. Free Press
Balancing Act : Fair Trial vs. Free Press
Signup and view all the flashcards
Sheppard Case
Sheppard Case
Signup and view all the flashcards
Auburn Plainsman Incident
Auburn Plainsman Incident
Signup and view all the flashcards
Cameras in the courtroom
Cameras in the courtroom
Signup and view all the flashcards
Importance of Ideas
Importance of Ideas
Signup and view all the flashcards
Near v. Minnesota (1931)
Near v. Minnesota (1931)
Signup and view all the flashcards
Trinity Methodist v. FRC (1934)
Trinity Methodist v. FRC (1934)
Signup and view all the flashcards
Red Lion Broadcasting v. FCC (1969)
Red Lion Broadcasting v. FCC (1969)
Signup and view all the flashcards
Miami Herald v. Tornillo (1974)
Miami Herald v. Tornillo (1974)
Signup and view all the flashcards
Tinker v. Des Moines (1969)
Tinker v. Des Moines (1969)
Signup and view all the flashcards
Bethel School District v. Fraser (1986)
Bethel School District v. Fraser (1986)
Signup and view all the flashcards
Morse v. Frederick (2007)
Morse v. Frederick (2007)
Signup and view all the flashcards
Hazelwood School District v. Kuhlmeier (1988)
Hazelwood School District v. Kuhlmeier (1988)
Signup and view all the flashcards
Mahanoy Area School District v. B.L. (2021)
Mahanoy Area School District v. B.L. (2021)
Signup and view all the flashcards
Censorship
Censorship
Signup and view all the flashcards
Minnesota Law (1931)
Minnesota Law (1931)
Signup and view all the flashcards
Politician Law
Politician Law
Signup and view all the flashcards
Maintaining Order
Maintaining Order
Signup and view all the flashcards
Who is the publisher?
Who is the publisher?
Signup and view all the flashcards
Sheppard Case Aftermath
Sheppard Case Aftermath
Signup and view all the flashcards
Impact of Pre-Trial Publicity
Impact of Pre-Trial Publicity
Signup and view all the flashcards
Rideau v. Louisiana Core Issue
Rideau v. Louisiana Core Issue
Signup and view all the flashcards
Estes v. Texas Concern
Estes v. Texas Concern
Signup and view all the flashcards
Jury Protection from Cameras
Jury Protection from Cameras
Signup and view all the flashcards
Chandler vs. Florida Ruling
Chandler vs. Florida Ruling
Signup and view all the flashcards
Gag Order Definition
Gag Order Definition
Signup and view all the flashcards
Enforceability of Gag Orders
Enforceability of Gag Orders
Signup and view all the flashcards
Continuance in Legal Context
Continuance in Legal Context
Signup and view all the flashcards
Change of Venue
Change of Venue
Signup and view all the flashcards
Jury Sequestration
Jury Sequestration
Signup and view all the flashcards
New Trial
New Trial
Signup and view all the flashcards
Continuance
Continuance
Signup and view all the flashcards
Change Venue
Change Venue
Signup and view all the flashcards
Jury Sequestration as Option
Jury Sequestration as Option
Signup and view all the flashcards
Study Notes
- Policy is a plan or course of action designed by society to achieve a set of goals with the intention of creating "rules to live by."
- Law refers to a set of rules that attempt to guide conduct and provide consequences when these rules are violated.
- The enforcement encourages people to follow the rules.
Examples of Policy and Law
- Drinking Age: The policy was originally for highway safety with the belief that 21 was "more mature" than 18 for drinking.
- "Click it or ticket": Enforcement of seatbelt laws changed behavior, making seatbelts a standard practice.
Types of Law
- Common Law: a legal precedent derived from court decisions in past disputes resolved before specific laws were enacted, with precedent used as a basis for the judgment.
- Statutory Law: laws written by legislative bodies at the congressional, state, or local level, such as the drinking age laws.
- Constitutional Law: laws derived from state and federal constitutions and the federal constitution is the ultimate authority.
- Administrative Law: laws established by independent regulatory agencies created by Congress, possessing legislative, executive, and judicial authority, and subject to judicial review.
Levels of Courts
- Trial Courts
- Appellate Courts
- Supreme Court
First Amendment
- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Tenth Amendment
- Any powers that the Constitution does not delegate to the federal government are reserved to the states or the people.
- The Bill of Rights originally only applied to the federal government.
Fourteenth Amendment (Section 1)
- All persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the state where they reside.
- No state can enforce laws that abridge the privileges or immunities of citizens, deprive any person of life, liberty, or property without due process, or deny equal protection of the laws.
- Deals with the degree to which the Bill of Rights applies to the states.
Levels of Incorporation
- No Incorporation: (most conservative, more states rights) has the state deprived without due process?
- Incorporation: 14th Amendment incorporates Bill of Rights. Incorporation Plus (most liberal, less states’ rights, because if someone argues states’ rights, the “to what degree” argument comes into play.): Bill of Rights plus other ideas essential to liberty.
- Incorporation Plus: Bill of Rights plus other ideas essential to liberty
Why Should Speech Be Free?
- To realize full individual humanity: speech is unique to human beings, reveals ourselves to each other, and we learn who we are in speaking and writing.
- Enables the finding of truth: marketplace of ideas where we compare and contrast ideas to find the right one.
- Necessary for good government: pros and cons that ensure the government has checks and balances.
- Helps us live with diversity: tests our ability to deal with different ideas and trains us to work through issues without violence, requiring that each side listens.
Four Views of 1st Amendment
- Absolutism: rights in the First Amendment are unalterable and without limit. Restriction: places some limits; Schenk vs US & Abrams vs US
- Definitional Balancing: deals with certain words or fighting words that breach the peace.
- Ad hoc balancing: how the courts handle competing interests.
The History of the Four Views of the 1st Amendment
- English colonies used the Licensing Act to prevent the defamation of religion and the government.
- Licensing Act: To prevent the defamation of religion and government.
- Anyone putting out public material had to have a license, which was decided by who the government chose to have a license.
- License act = stopped publishers saying things against religion or government So then, the English Crown streamlined the press to not show things against their own ideas. Printing press allowed information to be distributed with a group of people building against the government Created a fear in the English Crown.
- Internet today is like the printing press, and those in power want to control or discredit it.
- Controlling countries, first control media.
- John Milton in Areopagitica argued for the right to express ideas and govern ourselves.
- Constitution is the rules derived from the citizens who elect those who choose them.
SHENK V. US, 1919
- Context: World War 1, Great Flu Epidemic, Russian Revolution, anarchist movement
- Schenk, an anarchist, was arrested for advocating for the overthrow of the government by sending letters to draftees to not report.
- The Supreme Court ruled against Schenk, establishing limits to freedom of speech when it poses an immediate threat.
- Clear and present danger test gives the government the right to defend itself, and Schenk was a threat to the government.
- Oliver Wendell Holmes was the justice who wrote the majority opinion in this case.
ABRAMS V. US, 1919
- Abrams was arrested for espionage after creating flyers with negative statements about the government and throwing them out of a building for public exposure.
- Abrams lost 7-2 in the Supreme Court.
- Holmes wrote the minority opinion, stating that Schenk was clear, direct, and immediate, while Abrams was not.
Marketplace of Ideas
- Best test of truth is the power of thought to get itself accepted in the competition of the market, as seen in Justice Oliver Wendell Holmes’s differing decisions in Schenk v US and Abrams v US.
- The reputation of an idea grows over time.
- Requires the participation of people, education, and openness to the possibility of wrongness.
- Cognitive dissonance: holding competing ideas at the same time.
Gitlow v. New York, 1925
- Dealt with the connection of the 1st Amendment to the levels of incorporation.
- Benjamin Gitlow was arrested for distributing a "Left-Wing Manifesto" advocating socialism.
- The 1st Supreme Court decision applied the First Amendment's free speech protections to abuses by state governments (1st Amendment applied.)
Brandenburg v. Ohio, 1969
- The line is drawn between advocating and incitement.
- Brandenburg, a KKK leader, was arrested for advocating violence, which violated Ohio law
- The Supreme Court agreed with Brandenburg, ruling that advocating an idea is legally acceptable, but inciting violence is not.
Intent/Imminence/Likelihood
- How do you know?
- Intent: of the speaker
- Imminence: the closeness relative to the violence
- In Brandenburg’s case, he was advocating, rather than applying a course of action.
Preferred Position
- The freedom to express ourselves is an inherent right because we are human beings.
- If speech is limited by social constructs, the burden of proof is on the government to maintain order and show why limits are needed.
Strict Scrutiny
- The state must show that its regulation is necessary to serve a compelling state interest and is narrowly drawn to achieve that end.
- Restriction imposed to protect an interest granted under the Constitution.
- Law is specific and will do minimum harm to freedom of speech.
- The government’s vital interest cannot be protected without some restriction on speech.
Chaplinsky v. New Hampshire, 1942 (Fighting Words Doctrine)
- Words that inflict injury or incite an immediate breach of the peace are not protected by the First Amendment.
- Chaplinsky was arrested after ranting on a corner and yelling at the cops.
- New Hampshire law stated free speech is allowed in public, but not words that can begin a riot.
- Proximity and specific words are important
- Calling people names to rile them up
- Being aimed at an individual
- “Ugly name calling”
Free Speech Zone
- Positive: don’t create a bottle of noise
- Negative: you could move free speech so far out that there are no people to listen to them, which nullifies free speech.
- No right to be offended; still free speech.
Symbolic Speech
- Difficult examples that are often unpleasant.
- RAV v. St. Paul, 1992
- Virginia v. Black, 2003
- True threat: Black did that, RAV just did something stupid.
- Supreme court said government may not punish those who put out race, religious, gender intolerance because they are extremely painful and hurtful to those in those groups.
- St. Paul said there is certain language they won’t allow to be used, CAN’T.
- Black had a true threat; he knew the message and why, and the intended result.
- He wanted the black people out of the neighborhood he was living in.
Cohen v. California, 1971
- During the Vietnam War protest, Cohen wore a jacket with "FUCK THE DRAFT" written on the back in an L.A. courthouse.
- Although he was arrested, he wins the case because it wasn't fighting words
Village of Skokie v. National Socialist Party, 1978
- Nazis wanted to march in Skokie, which had a large Jewish population.
- They wore uniforms, swastikas on their armbands, the symbolism of Nazi’s in this Jewish population was made very known.
- They applied for parade permits.
- The Socialist party sues after Skokie said "NO" and wins due to protecting speech, even hateful speech.
US v. O’Brien, 1968
- O’Brien burned his draft card in protest of the Vietnam War and was arrested for burning the card.
- The US wins because of its need to administer the draft, that a copy could have been made.
Texas v. Johnson, 1989
- Johnson burned a flag during the Republican National Convention in Dallas and was arrested.
- The Supreme Court favored Johnson, stating that symbolic speech is still speech, and we have no right to be offended.
4 Parts of 1st Amendment
- Absolutism: marketplace of ideas, Oliver Holmes' role
- Restriction: Schenck -> Brandenburg
- Definitional Balancing: Chaplinski vs NH
- Ad Hoc Balancing: balance of 1st and 6th Amendment
Prior Restraint
- Publication being restrained prior to its release
- Allowed in 4 moments: times of war, obscenity (no 1st Amendment right to publish obscenity), incitement of violence, incitement to overflow the government.
Near v. Minnesota, 1931
- JM Near used his newspaper to attack his enemies.
- The Supreme Court rules in favor of NEAR.
Trinity Methodist v. FRC, 1934
- Bob Shuler, using the KGEF radio station, attacked his enemies.
- FRC gave away Shuler’s license when it expired
- The idea of “everyone can have a newspaper; everyone can’t have a broadcast.”
Red Lion Broadcasting v. FCC, 1969
- Fred Cook running for office and got attacked on air.
- Red Lion Broadcasting said no to that because its “their choice” and its their right to pick what they broadcast.
- The law said that if a politician gets attacked on air, they have a right to react on morning radio.
Miami Herald v. Tornillo, 1974
- The Miami Herald was against Tornillo’s many articles saying that he didn’t vote for the Union.
- Florida Law: a politician who gets attacked has a right to respond.
- Loser: Red Lion is radio (a broadcast), obligated to serve all community.
- Winner: Miami Hearld (a newspaper), right to publish or to not publish.
- Doesn’t have to serve public trust, can be as one sided as possible to either direction. There is no legal public interest obligation.
Student Media
- Standards for public schools differ from private schools.
High School Media
- Tinker v. DesMoines, 1969
- Supreme Court says students go to school but don’t inherently lose their 1st Amendment right.
- Supreme Court rules in FAVOR of TINKER because they weren’t interfering with the rights of others.
Bethel School District v. Fraser, 1986
- Fraser nominated and talked about a friend for a student officer position by using words with very sexual innuendos. Fraser gets pulled off stage and argues his 1st Amendment right, and that he wasn’t disruptive.
- Supreme Court votes AGAINST him saying the stunt was just about causing trouble.
Morse v. Frederick, 2007
- Fredrick slipped off to the bridge where the torch run comes through, and he reveals a banner that reads, “BONG HITS FOR JESUS.”
- Supreme Court DOES NOT VOTE in Fredrick’s favor.
- He has no right to advocate for illegal acts (marijuana), mainly about causing trouble in this sense
- The school won because they needed to uphold their right to maintain order.
Hazelwood School District v. Kuhlmeier, 1988
- Students wanted to do an article on teen pregnancy, which didn’t involve outing a certain person for going through teen pregnancy, but was just a topic in need of addressing.
- The principal of the school says no to releasing the article, and students sue (Kuhlmeier).
- Supreme Court favored Hazelwood School District, because the publisher is the school, not the students.
Mahanoy Area School District v. B.L. (Brandi Levy), 2021
- Brandi didn’t make the varsity cheer team, and she was very upset.
- While off campus that same day, she goes on a rant on her social media.
- Schools in this case generally can't punish students for off-campus speech
College Media
- Is it considered an open forum?
- Plainsman: open forum, published by students.
- Schools should teach students that the free exchange of ideas facilitates an informed public opinion.
- Regulatory interests remain significant in situations like threats, bullying, breeches of school, targeting people, etc.
Free Press/Fair Trial
- Sixth Amendment provides the right to a speedy and public trial by an impartial jury.
- Impartiality deals with decisions made only on what’s presented in court, unbiased, not turning to bias by outside sources.
- Tension between need for a fair trial (justice being applied properly.)
Linbergh/Hauptmann
- Hauptmann, who was German, was arrested for the crime.
- Time period right after World War I and before World War 2.
- It was seen as “the trial of the century”
- Main issue: a HUGE MEDIA IMPACT ON THE TRIAL.
Canon 35
- A STANDARD (not a law) passed by the Bar.
- The idea was to take the cameras out of the courtroom because it got so crazy in there.
- The legal system saw/recognized the dangers of having them present.
Sheppard v. Maxwell, 1966
- Sam Sheppard was found guilty despite claiming innocence, facing intense media attention.
- Post death, a guy on his death bed confessed that he, his cellmate, had done it.
Irvin v. Dowd, 1961
- The Supreme Court recognizes pre-trail publicity can lead to unfair trial
- In that case, a new trial takes place AND Irvin is found GUILTY again.
Rideau v. Louisiana, 1963
- The Supreme Court said he received a NEW trial and was found GUILTY 2X.
Estes v. Texas, 1965
- Estes was FOUND NOT GUILTY
- Court didn’t say cameras themselves caused unfair trial, but now the participants in the trial can influence those people.
Chandler vs Florida, 1981
- Supreme Court said NO, it didn’t allow for an unfair trial.
Nebraska Press Association v. Stuart, 1976 (Prior Restraint?)
- The court ordered the media to not report on the case (a GAG ORDER).
- If a gag order is imposed, it has to be one of these approaches to the problem: continuance, change venue, a new trial, sequester, and limit media access.
- Social media makes gag orders impossible to enforce.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Questions about the US legal system, sources of law, and constitutional principles. Covers topics such as the relationship between policy and law, common law, federal vs. state power, and the Bill of Rights.
