SG first amendment quiz

Sophia Khan
Flashcards by Sophia Khan, updated more than 1 year ago
Sophia Khan
Created by Sophia Khan over 5 years ago


first amendment

Resource summary

Question Answer
Preferred Position Doctrine free expression enjoys a higher status than other rights in the Constitution because of how important it is to a democratic nation
Prior restraint blocking speech before it is given is unconstitutional (except in issues of national security)
Symbolic speech Somewhere between speech and action -------Generally protected (burning of draft cards not protected; burning of the flag is protected)
Political speech Highest level of protection --------------Belief is most protected; action can be most restricted; but speech falls somewhere in between
Least Drastic (restricted) Means Test laws cannot restrict speech if there are other means to handle the problem
Defamation Untruth (a lie) that damages a reputation
Libel Written defamation
Slander Spoken defamation
Clear and Present Danger imminent threat to society (like yelling "FIRE!")
Commercial Speech It is subject to far greater regulation than political speech (TV, movies, ads) because children are unwilling subjects to the speech
Fighting Words speech that can incite violence
Objective (NOT personal; only based on observations) intent to threaten says that a true threat takes into account what 5 things? 1) relationships 2) circumstances 3) behavior of person 4) setting of communication 5) Reaction of recipient
Subjective (PERSONAL) intent to threaten says that....... for something to be a true threat, there must be a willful intent to carry out the threat
Sedition Advocating the overthrow of the government BUT there has to be an imminent danger of an overthrow AND people are actually urged to do something rather than just believe something
Use the _______ test for Obscenity cases Miller test
Freedom of speech is freedom to do what 2 things 1) Freedom to GIVE speech 2) Freedom to HEAR speech **NOT limited to VERBAL**
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