How does the Supreme Court approach political speech?
despite 1st amendment saying ?government shall pass NO law? the Supreme Court has not interpreted it as an absolute. There are certain restrictions on speech and have been many such restrictions in our past (ie. Alien and Sedition Act)
speech= ______ freedom
What is the clear and present danger test?
only can restrict speech if it presents danger to society. Test created by Oliver Wendell Homes in 1919. Originally used to restrict speech (ie. In 1919 court felt socialist speech presented danger to society) but now it is very hard for government to restrict speech content
What is the marketplace of ideas?
present all ideas regardless of how well accepted in society, good ideas will naturally prevail over bad ones
What is symbolic speech?
use actions, not words to state idea. Ie. Burning draft cards (was restricted because government had compelling interest in drafting young men to win war) or burning flags (defended in Texas v Johnson as protected form of speech) or wearing black armbad (protected in tinker v Des Moines)
What is meant by No Prior Restraint?
government can?t stop publication prior to being published. Prior restraint is allowed in the UK. Occasionally newspapers will agree not to publish info due to security issues, but this is voluntary not be government order.
Define Actual Malice
Actual malice is the media knowingly publishing false information
What is the Free Exercise Clause?
prohibits government from restricting how one worships
What is the Establishment Clause?
-?wall of separation between church and state? tends to be controversial ie. School prayer, religious displays on public property
Which court case defended right to burn flags?
Texas V Johnson
Which court case defended right to wear black armband to protest Vietnam War?
Tinker v Des Moines
Where do typical government restrictions on speech fall?
Time manner and place, not on speech topic
How was political speech restricted during the cold war?
Calling for overthrow of government or advocating communism was grounds for arrest or conviction.
Why is it so hard to sue media for libel?
Making it harder for govt. to sue media allows media to conduct investigations and not fear a lot of lawsuits.
Which policy regarding freedom of press is allowed in Britain, but against 1st amendment in US constitution?
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