Flashcards
SG first amendment quiz
Flashcards do conjunto (16)
- 1Preferred Position Doctrinefree expression enjoys a higher status than other rights in the Constitution because of how important it is to a democratic nation
- 2Prior restraintblocking speech before it is given is unconstitutional (except in issues of national security)
- 3Symbolic speechSomewhere between speech and action
-------Generally protected (burning of draft cards not protected; burning of the flag is protected) - 4Political speechHighest level of protection
--------------Belief is most protected; action can be most restricted; but speech falls somewhere in between - 5Least Drastic (restricted) Means Testlaws cannot restrict speech if there are other means to handle the problem
- 6DefamationUntruth (a lie) that damages a reputation
- 7LibelWritten defamation
- 8SlanderSpoken defamation
- 9Clear and Present Dangerimminent threat to society
(like yelling "FIRE!") - 10Commercial SpeechIt is subject to far greater regulation than political speech (TV, movies, ads) because children are unwilling subjects to the speech
- 11Fighting Wordsspeech that can incite violence
- 12Objective (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 - 13Subjective (PERSONAL) intent to threaten says that.......for something to be a true threat, there must be a willful intent to carry out the threat
- 14SeditionAdvocating 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
- 15Use the _______ test for Obscenity casesMiller test
- 16Freedom of speech is freedom to do what 2 things1) Freedom to GIVE speech
2) Freedom to HEAR speech
**NOT limited to VERBAL**
Informações
- Descrição
- first amendment
- Criado por
- Sophia Khan · fev 2016
- Atualizado
- 6 abr 2018
- Visualizações
- 30
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