Media Law ch.2.2

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Media Law ch.2.2
2010-01-24 19:44:33
ML ch.2.2

ML ch.2 part 2
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  1. due process clause
    nor shall the state deprive any person of live, livery or property with the due process of law.
  2. 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.
  3. imminent lawless action
    • current clear and present danger test.
    • speech can be suppressed if it cases or results in immediate violence or other lawlessness.
  4. to invalidate statutory law
    • 1.must declare it unconstitutional
    • 2. it has been applied unconstitutionally to the person being accused.
  5. Range of those protected by the 1st amendment.
    adults, college students....everyone!
  6. Types of Speech:
    -no communicative value
    -purely communicative
    -combination of communicative and non communicative
    • talking, sceaming, writing letters.
    • burning the flag
  7. Direct limitation of speech
    • sets high hurdles for courts
    • strict scrutini
  8. indirect limitation of speech
    • low hurdles for courts.
    • intermediate scrutiny.
  9. Texas v. Johnson
    • burning the american flag. (symbolic)
    • ruled unconstitutional for courts to prosecute for burning the flag.
    • strict scrutiny-direct restriction of speech.
  10. U.S. v. Obrien
    • burning of draft cards.
    • direct restriction on speech- high hurdle.
    • strict scrutiny.
  11. Prior restraint
    government saying speech before it has been published; also called censorship.
  12. 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.
  13. Grosjean v. American press co.
    • no tax on newspapers
    • - ad tax, circulation tax
    • invalidated a tax on knowledge.