JOURN 4000 1st Edition Lecture 9Outline of Last LectureI. Media incitement casesII. School shootings and incitementOutline of Current LectureI. TaxationII. Fighting wordsIII. Hate crimesCurrent LectureWho picks up the bill when someone is hurt?Byers case-Insurance, Medicare, taxpayers?-Edmondson’s family? -Clear and present danger can’t criticize judges during casesTaxation:Huey Long papers criticizing him levying taxes on papers struck down by Supreme CourtMinnesota Star and Tribune:-Use tax-Supreme Court said noArkansas 1991:-Papers and magazines are exempt from sales, tax, but TV and satellite is notMissouri 1989:These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.-Newspapers exempt from sales tax, magazines were not-Magazine publishers sued-Missouri Supreme Court said not fair, newspapers had to pay sales taxFighting words:-What would make average person fight?-Peace statute-A person commits crime of peace disturbance if they unreasonably and knowingly disturb another personHate crimes:RAV vs. St Paul-Fighting words statute has to be a blanket statute, can’t be a laundry list-Content discriminationMitchell vs. Wisconsin-Ethnic intimidation can you have a laundry list-Greater sentences hate message is broader sends broader message to community-Can you have a laundry list?-Race or other protected status-Race, color, religion, national origin originally in MO-Now, gender, sexual orientation, disabilityExpanded in 1999 because of Matthew Shepard2003 Virginia vs. Black-Cross burning a crime?-Burning cross (with intent to intimidate) can be illegal-First prior restraint case in 1931-Near vs. Minnesota-Injunctions enjoin someone, must stop what they’re doing-Mandatory injunction you must do something-Contempt of court fine if don’t follow
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