Media Law ch.2.2
Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
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.
What would you like to do?
Home > Flashcards > Print Preview