Speech + Conduct. Communicating ideas via language and action, or symbolic speech.
What year did U.S. v. O'Brien take place?
What did O'Brien do that caused his arrest and trial?
Burnt his draft card in a crowd of people
What did the Supreme Court rule in U.S. v. O'Brien?
In favor of the United States. O'Brien had broken a federal law that had already been ruled constitutional.
What is the O'Brien test?
Says that government has constitutional authority needed to further important/substantial government interest. It has to be content neutral, and prohibits no more speech than necessary to further said interest.
What year did Cohen v. California take place?
What did Paul Cohen do that got him arrested?
Brought a jacket into Los Angeles Courthouse that had the phrase "Fuck the draft" on the back of it.
What did the court rule in Cohen v. California?
In favor of Cohen. Cannot make the F-word a criminal offense.
Negative verbal/written words or symbolic acts that attack race, gender, ethnicity, religion, sexual orientation and disability.
Does hate speech have first amendment protection?
Hate speech directed at an individual that automatically inflicts emotional harm or trigger immediate violence.
The Brandenburg Test says that government may punish criticism or advocacy of radical ideas only when that speech is...
Directed toward intentionally inciting immediate violence or illegal action and is likely to produce that action.
What does the Supreme Court say about wearing a swastika?
Says it is protected symbolic speech
What did Gregory Lee Johnson do during the Republican Convention in 1984 that got him arrested?
Burned an American flag
What did the Supreme Court rule in 1989 with Gregory Lee Johnson and Texas?
Said that the Texas law against burning the flag was unconstiutional. Also ruled that all 47 other state laws that did now allow desecrating the flag were unconstitutional.
What did Congress do in response to the Supreme Court's ruling with Gregory Lee Johnson and Texas?
Passed the Flag Protection Act in 1989.
What happened in response to the Flag Protection Act?
In Seattle, people set a post office flag on fire.
What year did US v. Eichman take place?
What did Eichman do to get arrested?
Burned a post office flag in Seattle
How does the Supreme Court rule in US v. Eichman?
In favor of Eichman.
What year did Black v. Virginia take place?
What did Barry Black do to get arrested?
Burned a cross at a private klan rally in Virginia.
What was the ruling in Black v. Virginia?
Black's conviction was overturned. Court stated that rhetorical hyperbole is protected speech.
What are the freedoms granted in the first amendment?
Speech, assembly, religion, petition and press.
What does the 14th amendment grant?
Equal protection under the law.
A situation in which the government tries to suppress speech, and if they are allowed to suppress one kind of speech, it will try to suppress another kind of speech.
When the government punishes one person for speech, others will self-censor themselves out of fear for being punished.
Legal term in which the Supreme Court agrees or disagrees to hear a case.
Instead of having a panel of three appeals court judges hear a case, it is asked that all appeals court judges hear the case.
When people argue that a case is so frivolous, that the judge can decide to dismiss the case.
Law or judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act.
Acts of violence motivated by hate.
Do hate crimes have first amendment protection?
When a judge can make a typical sentence worse because it is a hate crime
Penalty enhancement statutes
What year did Wisconsin v. Mitchell occur?
Why were Mitchell and his friends arrested?
Angry after watching Mississippi. Wanted to beat up a white person, put 14-year-old boy in a coma.
What did the judge do to Mitchell?
Gave him an extra two years because it was a hate crime.