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due process clause
nor shall the state deprive any person of live, livery or property with the due process of law.
Brandenburg v. Ohio
- brandenburg, ku klux klan member accused of calling americans to do negative actions against jews and niggers.
- First amendment protects even them....because it wasn't persuasive or effective enough to produce imminent results.
imminent lawless action
- current clear and present danger test.
- speech can be suppressed if it cases or results in immediate violence or other lawlessness.
to invalidate statutory law
- 1.must declare it unconstitutional
- 2. it has been applied unconstitutionally to the person being accused.
Range of those protected by the 1st amendment.
adults, college students....everyone!
Types of Speech:
-no communicative value
-combination of communicative and non communicative
- talking, sceaming, writing letters.
- burning the flag
Direct limitation of speech
- sets high hurdles for courts
- strict scrutini
indirect limitation of speech
- low hurdles for courts.
- intermediate scrutiny.
Texas v. Johnson
- burning the american flag. (symbolic)
- ruled unconstitutional for courts to prosecute for burning the flag.
- strict scrutiny-direct restriction of speech.
U.S. v. Obrien
- burning of draft cards.
- direct restriction on speech- high hurdle.
- strict scrutiny.
government saying speech before it has been published; also called censorship.
Near v. Minnesota
- state of minnesota getting sued for not allowing near to publish his newspaper because it was publishing negative things about the government.
- decision (5-4) set precedent against prior restraint. not constitutional under law.
Grosjean v. American press co.
- no tax on newspapers
- - ad tax, circulation tax
- invalidated a tax on knowledge.