Media Law ch.2.2
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Media Law ch.2.2
ML ch.2 part 2
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
indirect limitation of speech
low hurdles for courts.
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.
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.