COMM 415: Quiz 2
62 Cards in this Set
| Front | Back |
|---|---|
|
Action becomes speech when
|
-Intent
-Context
-Clarity of message
|
|
Stromberg v. California (1931)
|
After red scare, couldn't raise red flag in opposition to government, court says has a right to have or show flag
|
|
West Virginia State Board of Education v. Barnette (1943)
|
"Those who begin coercive elimination of dissent soon find themselves exterminating dissenters." -Justice Robert Jackson, Jahovas witness against saying pledge, ruled with JW
|
|
Brown v. Louisiana (1966)
|
Brown was an African american, went to a 'white only' library, was peaceful in manner, court says he can sit quietly, overturned
|
|
United States v. O'Brien (1968)
|
Could not destroy draft card as protest, convicted of such, argues symbolic speech, created test, applied to his case, rules against O'Brien (convicted)
|
|
O'Brien test: acceptable regulation of non-verbal speech
|
-Regulation is within power of government
-Regulation furthers a substantial government interest
-Government interest is unrelated to suppressing expression
-Effect of regulation on free expression is no greater than necessary (only minimally)
|
|
Tinker v. Des Moines Independent Community School District (1969)
|
Fall time, students upset about what happened in Southeast Asia, made armbands for protest, wore them to school, school district passed policy can't wear bands for protest, got expelled, supreme court agrees with the Tinkers, overturned
-1st case for children speech rights
-Can't be dis…
|
|
Flag desecration
|
-By 1932, all states had flag desecration laws
-Federal flag code (1942): gives us a code for how to treat the flag, not really enforced
-Federal flag desecration law (1968)
|
|
Earl Warren (1891-1974)
|
Very powerful, Warren Court, high point for civil liberties, nominated to court by Eisenhower, wrote opinions in:
-Brown v. Board of Education (1954)
-Miranda v. Arizona (1966): Miranda rights
-Loving v. Virginia (1967): interracial marriage rights
|
|
Halter v. Nebraska (1907)
|
Supreme court case that challenged all state laws, couldn't use flag in advertisement, flags on the beer, convicted
|
|
Street v. New York (1969)
|
Shot and told about on radio (James Meredith), can't have him can't have the flag, overturn conviction but uphold law, convicted for blaming on flag while burning
-Justice Earl Warren occurrs
|
|
Smith v. Goguen (1974)
|
Took flag patch and sewed it to the seat of pants, arrested for 'treating flag contemptuously', overturned: why? contemptuously was too vague, overturn law
|
|
Spence v. Washington (1974)
|
Upset about Kent State University killings, duck taped flag in window, arrested for 'improper use' of flag, can't put something on flag, uphold law but overturned conviction
|
|
Texas v. Johnson (1989)
|
Johnson in Dallas 1984 in national republican event, held a peaceful march in protest, someone in group takes a flag, J ends up with it and burns it, 'desecrate a venerated object', flag burning as a political protest, overturn conviction and law
-Rehnquist dissents
-Brennan write opini…
|
|
United States v. Eichmann (1990)
|
Burned flag directly after the flag protection act of 1989, ended with amendment to constitution, wasn't followed through (not a real part now)
-Amendment: the congress shall have the power to prohibit the physical desecration of the flag of the United States
|
|
Chaplinsky v. New Hampshire (1942)
|
C is a jahovas witness, called police mean names and was protesting, arrested for 'breach of the peace', convicted
|
|
Fighting words are...
|
-Those which by their very utterance inflict injury
-Or tend to incite an immediate breach of the peace
-....such utterances are no essential part of any exposition of ideas
|
|
Terminiello v. Chicago (1949)
|
Catholic priest (negative person) with a radio show, has a speech in Chicago, outside hall people are protesting, police have things thrown at them by protesters, arrested priest for 'instigating breach of peace', conviction overturned
-In order to arrest someone there must be a clear an…
|
|
Feiner v. New York (1951)
|
Feiner has political speech at university, angered crowd, police arrested, clear and present danger (riot), convicted
|
|
Cohen v. California (1971)
|
Cohen wears jacket that says 'f*** the draft', arrested for breaching the peace, overturned
-Harlan the second writes opinion
-Blackman dissents
|
|
Gooding v. Wilson (1972)
|
Wilson protesting Vietnam war in front of recruiting building blocking the doors, cusses at cops, breaching peace, overturns conviction and law, J Warren dissents
|
|
Davis v. Massachusetts (1897)
|
Davis is minister in Boston common, preaching, told to leave, sues, rules with Mass. (convicted)
|
|
Hague v. CIO (1939)
|
CIO union organization, CIO hands out leaflets in New Jersey, city can regulate but must be in interest of all, overturned
|
|
Schneider v. Town of Irvington (1939)
|
S want to hand out stuff, regulations must be reasonable, overturned
|
|
Cantwell v. Connecticut (1940)
|
Handing out jahovas witness stuff, officials can't have limitless power, overturned
|
|
Cox v. New Hampshire (1941)
|
Parade permit, time place and manner, convicted, need a parade permit, jahovas witness march
|
|
Ward v. Rock Against Racism (1989)
|
RAR held concerts in New York park, too loud, city cut power to central park, court outlines test, court does test and rules against RAR (convicted) (time place manner test)
|
|
Reasonable time, place and manner restrictions on speech must:
|
-Be content neutral
-Be narrowly tailored to serve a significant government interest, later changed to: fit between the government interest and the regulation must be 'reasonable'
-Leave alternative channels for communication
|
|
Public Forum Law
|
-Traditional public fora (physical places where right to speak) such as sidewalks, parks, streets
-Limited/semi public fora (designated non-traditional places open for speech) like fairgrounds, schools, airports
-Private functioning as public such as malls, private property
|
|
Clark v. Community for Creative Non-Violence (1984)
|
CCNV organization dedicated to helping homeless, set up tent city in Lafiat Park, said were camping, unsanitary, no bathrooms
|
|
Cox v. Louisiana (1965)
|
Trials, protests from outside too loud, told to leave or be quiet, Cox loses (convicted)
|
|
United States v. Grace (1983)
|
Grace standing on sidewalk, sign with text of 1st amendment, couldn't protest outside of supreme court, overturned due to no alternative channels
|
|
Lakewood v. Plain Dealer (1988)
|
Limited number of newspaper boxes allowed on corners, Lakewood gave mayor right to choose where papers are, Plain Dealer won
|
|
Boos v. Barry (1988)
|
Can't defame government within 500 feet of embassy, Boos arrested later too, Boos convicted
|
|
Madsen v. Women's Health Center (1994)
|
Given 36 foot buffer zone from property line, excessive noise, stop abortion protest, 300 foot buffer zone from houses, convicted
|
|
Hill v. Colorado (2000)
|
Within 100 feet of clinic, 8 foot buffer zone for employees and patients
|
|
Cox v. New Hampshire (1941) (reprise)
|
Ruled it is acceptable to require permits to parade
|
|
Collin v. Smith (1978) (federal district court)
|
Rally and parade, Holocaust survivors, Nazi party want parade there, no permit, new city law (religious hatred), overturned, still didn't have parade
|
|
Forsyth County, Georgia v. Nationalist Movement (1992)
|
MLK day parade, listeners reaction is not a content neutral basis for regulation, charged KKK $100 permit (appealed), overturned
|
|
Edwards v. Coeur d'Alene (1999)
|
Law says signs but can't affix it to sticks, don't want weapons, convicted
|
|
Vlasack v. Superior Court of Los Angeles County (2003)
|
LA used same ruling, stick 1/2 inch by 2 in, V brought a bull hook (circus elephants protest)
|
|
Heffron v. International Society for Krishna Consciousness (1981)
|
Minnesota state fair and hands out flyers, must have a table or booth (first come first serve) (wait list 20 yrs long), ISKC hand out stuff, asked to leave, Heffron won (convicted)
|
|
Graynard v. Rockford (1971)
|
Graynard high school student, African american largest population of students, white on councils, students picketing and talking through bullhorn, asked to stop, kept law but overturned for students to Pickett (only), G won (overturned)
|
|
Board of Airport Commissioners of the City of Los Angeles v. Jews for Jesus (1987)
|
Airport for LA area doesn't want handing out literature, not narrowly tailored-no 1st amendment activity, overturned
|
|
International Society for Krishna Consciousness v. Lee (1992)
|
Handing out literature in airport, outlined law more specifically this time, outline 3 types of public space, airport is limited, convicted
|
|
Three levels of public forum (from Krishna v. Lee)
|
-Traditional (sidewalks)
-Designated (Govt. owned space chosen by govt.)
-Limited: reasonable regulation can be based on subject matter, but must be viewpoint neutral (still govt. owned)
|
|
Lamb's Chapel v. Center Moriches Union School District (1993)
|
Groups use school after hours IF civic social recreational or political group, church group wanted use, said no, can say no to religious groups, but not if using for recreational, overturned
|
|
Community Schools v. Mergens (1990)
|
Club in school, want to start bible school, if SD opens clubs to non-curriculum based clubs (whats taught), overturned
|
|
Marsh v. Alabama (1946)
|
Private company owned entire town, Jahovas witness asked to leave town, overturned, Black: if functions like a town, it is one
|
|
Amalgamated Food Employees Union v. Logan Valley Plaza (1968)
|
Mall (LVP) workers on strike and picketing, asked to leave, court rules with Union, can picket on private property if about private property, overturned
|
|
Lloyd Corp v. Tanner (1972)
|
Tanner collect signatures for something, SC ruled against Tanner (convicted), handing out literature in mall against draft, they can go out on streets and hand out lit.
|
|
Hudgens v. National Labor Relations Board (1976)
|
Picketing on private property, overturned, no 1st amendment rights
|
|
PruneYard Shopping Center v. Robins (1980)
|
Can do speech in malls in CA, any states can give more rights, Robins wins (overturned)
|
|
Southcenter v. National Democratic Policy Committee (1989)
|
Mall owner lost, committee trying to earn money and hand out literature
|
|
Fighting words are
|
From the Gooding v. Wilson (1972)
-Have a direct tendency to cause breach of peace
-And are spoken by an individual in a face-to-face confrontation
-First part of Chaplinksky definition gone (words that by their very utterance inflict injury)
|
|
RAV v. St. Paul (1992)
|
R minor, st. p winter carnival, st p council passed law that made hate speech legal, illegal put symbol of hate in vision, aimed at swastikas, 17-yr-old, white, African american family in neighborhood, burned cross in yard, overturned (not content neutral), only includes some categories u…
|
|
Content based restrictions allowed
|
-On categorical basis
-When purpose is something other than regulation of speech
-Harassment
|
|
Virginia v. Black (2003)
|
Virginia banned cross burning "with the intent of intimidating any person or group of persons", found that the law was unconstitutional, overturned
-Portion of statute overturned but...
-The government can ban threats of violence
-Must prove intent to intimidate
-Justice Thomas dissen…
|
|
Hate speech
|
-Insults, slurs, etc., aimed at group or individual, based on unchangeable characteristics (usually including gender, race, religion, ethnic background. Sometimes including disability, sexual orientation that leads to physical stress or harm)
-Occurs within context of prejudice, has hist…
|
|
Doe v. Michigan (US Dist Ct, 1989)
|
M had a code of conduct said stuff on front, D grad student was afraid might be held under code of conduct, it "chilled his speech", overturned M's COC why: too broad
-Behavior that stigmatizes or victimizes
-Involves express or implied threat
-Interfaces with academic effort
-Creates…
|
|
UWM Post v. Board of Regents of the University of Wisconsin (US Dist Ct, 1991)
|
Tried to create a fair COC, paper sues, court overturns COC, still too broad
-Expressive behavior directed at an individual if...
Demeans race, sex, religion, color, creed, disability, sexual orientation, national origin, ancestry, age AND
Creates hostile, intimidating or demeaning env…
|
|
Sigma Chi v. George Mason University (US Dist Ct, 1991)
|
SC had a week long event called derby days, 1 guys dressed like a slave, students were mad, university told them they couldn't have social events for 2 yrs, still protected tho, overturned
|
COMM 415: Quiz 2