Regulating Speech | Incitement and Heckler's Veto | Fighting Words & True Threats | Student Speech | Obscenity & Indecency |
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Gitlow v. New York
What 1925 case changed the concept of “Congress” to mean any government body in the First Amendment?
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Brandenburg v. Ohio
What 1969 case created the test that speech is to be punished only if it might lead to imminent lawless action?
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Chaplinsky v. New Hampshire
What 1942 case established that "fighting words" are words that by their very nature lead an individual person to fight back and are not protected by the constitution.
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Tinker v. Des Moines
What 1969 case created a test to determine what qualifies as censorable speech and found that students can participate in political speech as long as it does not materially disrupt the learning environment.
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Miller v. California
What 1973 case created the test that would determine was constitutes as obscenity, which is not protected speech.
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U.S. v. O'Brien
What 1968 case found in a 7-1 decision that burning a draft card was not protected by the First Amendment?
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Hess v. Indiana
What 1973 case used the Brandenburg test to determine that a man's exclamation of "We'll take the f***ing streets later" was not intended to incite imminent lawless action.
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Watts v. United States
What 1969 case found that saying "if they give me a rifle, first person I'd point it at is LBJ" is rhetorical hyperbole and created the Reasonable Person Test.
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Bethel School District v. Fraser
What 1986 case used the Tinker test to determine that un-political speech, in this case, sexually charged speech, is censorable and can be disciplined.
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Stanley v. Georgia
What 1969 case established the implied right to privacy, meaning that you can watch your own p*rn at home.
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R.A.V. v. St. Paul
What 1992 case overturned a Minnesota city ordinance making it a crime to place a burning cross or swastika anywhere “in an attempt to arouse anger or alarm on the basis of race, color, creed, or religion” because it violated the First Amendment?
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Cantwell v. Connecticut
What 1940 case determined that speech that incites people to anger is protected under law, AKA, Heckler's Veto?
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Planned Parenthood of Columbia/Willamette v. American Coalition of Life Activists
What 2002 case used the Reasonable Person test to determine what a true threat was. A threat being something said that makes someone fear for their life.
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Morse v. Frederick
What 2007 case found that the banner reading "Bong Hits 4 Jesus" was censorable because although the event took place on public property, it was during a school sponsored event, allowing the school to censor those students because it promotes drug use.
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Matthews v. U.S.
What 2000 case avoided the creation of a loophole defense by determining that, in this case, a journalist could not have child p*rn, even if it is because he is investigating and writing about the child p*rn trade.
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Texas v. Johnson
What 1989 case upheld the right to burn flags on account of viewpoint discrimination?
Texas v. Johnson |
Terminiello v. Chicago
What 1949 case decided that the words that made the "brick throwers" angry was not prohibited unless is presented a "clear and present danger"
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Virginia v. Black
What 2003 case found that an all out ban on the burning of crosses is unconstitutional because the law cannot determine intention 100% of the time.
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Hazelwood v. Kuhlmeier
What 1988 case determined that a school can practice prior restraint on it's student newspaper if the work didn't have a reasonable educational purpose because school newspapers are not public forums.
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FCC v. Pacifica
What 1978 case determined that it does not violate the first amendment when the FCC regulates the timing of indecent broadcasts, creating safe harbors.
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What is
Free
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Bible Believers v. Wayne County
What 2015 case determined that before a group can be forced to leave a place (Heckler's Veto), the police must protect the speakers until there is reasonable cause for them to leave.
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NAACP v. Claiborne Hardware
What 1982 case used the Brandenburg Test to uphold the right to say "they'll break your neck if you go to white businesses" because the threats were not imminent.
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Papish v. Board of Curators of University of Missouri
What 1973 case declared that the role of public universities is to educate, not get involved in public policy and that officials do not have the authority to punish students for "obscene" student expression.
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Fox v. FCC
What 2012 case determined that the FCC did not give fair warning for fleeting expletives and that the policy was too vague and had to be reworked before it could be enforced.
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