Exam 1 Study Guide
THE CASES: Cases for which you will be held responsible are all those on your syllabus for Unit 1 (23 questions each) plus related cases (12 questions each) discussed in class and listed on the document titled, "Case Study Citations." For the first exam, you are held accountable for cases under title of "Free Press Philosophy, Disruptive Speech."
Background / Introduction
• First Amendment appears to provide absolute protection to press, speech, other expression
• Sedition Act of 1798 cast shadow over some expression • Question: Just what forms of speech / expression are / are not protected?
Sedition laws untested until 1919
Sedition has to do with overthrowing government. Some political scholars felt the "American Experiment" was doomed in part because the First Amendment free speech and free press clauses appear to guarantee people the right to challenge and undermine the very government that is granting them free speech. These are some of the cases testing those limits.
• Schenck v. United States (1919)*
• Whitney v. California (1927)
• Dennis v. United States (1951)
• Yates v. United States (1957)
• Gitlow v. New York (1925)
Prior restraint at heart of First Amendment
American sensibilities recoil at the idea of censorship. Other governments institute offices of censorship whose job it is to prevent questionable material from being printed or aired. Thus prior to publication, they restrain certain expression from being published. Many cases in the United States have tried to test the idea of whether the First Amendment tolerates prior restraint. These are some: We also discuss several other topics like lehigh ees
We also discuss several other topics like What are the series of pricing strategies in which price is employed as a cue to other real or imagined characteristics or benefits associated with products?
• Near v. Minnesota (1931)
• Grosjean v. American Press Co. (1936)
• Lovell v. Griffin (1938)
• Thornhill v. Alabama (1940)
• Brandenburg v. Ohio (1969)
Symbolic speech, fighting words, and student rights
In the name of self expression (guaranteed by the First Amendment) some people go to great lengths to dress a certain way, wear their hair in keeping with their persona, and so forth. Some have argued that dress and some activities constitute symbolic speech and as such are protected. When this comes to public school campuses some wonder if students have the same rights as ordinary citizens.
• Chaplinsky v. New Hampshire (1942)
• Village of Skokie v. National Socialist Party (1978) We also discuss several other topics like nsg 320 textbook notes
• Tinker v. DesMoines ISD (1969)
• Kuhlmeier v. Hazelwood SD (1988) Of interest: Poynter Institute commentary on Hazelwood.
Media access, right of reply
Some argue that First Amendment guarantees of free speech and free press mean that people have a right to have their opinions printed or aired in the media or in other forums, especially if they disagree with something that has already been aired or published.
• Miami Herald v. Tornillo (1974)
• Bigelow v. Virginia (1975)
• New York Times v. U.S. (1971)
• U.S. v. The Progressive (1979)
• Consolidated Edison v. Public Serv. Commission of New York (1980) • Heffron v. International Society for Krishna Consciousness (1981) • Snepp v. U.S. (1980)
• Texas v. Johnson (1989)
• Minneapolis Star & Tribune Co. v. Minn. Commissioner of Revenue (1983)
Please consult the "How to Study Cases" document. For each case, know
the basic facts of the case, the issues at hand, the decision in the matter, what precedent(s) the case set, and how the case relates to other cases on similar issues. Where dissenting opinion is significant, you should have some idea what that dissent was all about.
YOUR NOTES: You are responsible for all material covered during lecture.
ASSIGNED READING: You are responsible for understanding all material in the assigned reading (some of which involves cases we discussed in class) and the material’s importance in developing the body of mass communications law. You should consult the syllabus for all reading but your reading for the first exam includes: Don't forget about the age old question of impossibu
• Chapters 13 in the textbook and supporting material on the textbook Web site
• The syllabus itself
• The Bill of Rights to the U.S. Constitution, especially Amendment I • The class Web site sections under "Foundations" (Unit 1) and "About Class"
Among your reading, you should be especially sensitive to these terms and concepts: We also discuss several other topics like biology exam 2
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amicus (amici) curiae
balancing (interests) theories burden of proof
clear and present danger
establishment clause executive order (decree) facts vs. the law
fighting words doctrine First Amendment
Fourteenth Amendment grand jury
per curiam decision plaintiff
preferred position theprior restraint
“rule of four” (certiorarsedition, seditious libSixth amendment
concurring opinion constitutional law content neutral court’s opinion criminal law
dissenting opinion due process
judicial activism judicial restraint legal brief
marketplace of ideas Meikeljohn theory national security original jurisdiction overrule
statutory construction statutory law
symbolic speech taxation
time, place & mannerrestrictions
trial court vs. appeals