Week 2 Thursday 9/10/15 Class BCA 510 - Fighting Words, True Threats
Week 2 Thursday 9/10/15 Class BCA 510 - Fighting Words, True Threats BCA 510
Popular in Electronic Media Law
Popular in Journalism and Mass Communications
verified elite notetaker
This 2 page Class Notes was uploaded by Darrylin Horne on Sunday September 20, 2015. The Class Notes belongs to BCA 510 at Central Michigan University taught by Amy Sindik in Fall 2015. Since its upload, it has received 48 views. For similar materials see Electronic Media Law in Journalism and Mass Communications at Central Michigan University.
Reviews for Week 2 Thursday 9/10/15 Class BCA 510 - Fighting Words, True Threats
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 09/20/15
Fighting Words True Threats 910 Week 2 Thursday Fighting Words Does not receive 1St Amendment Protection Words that could provoke violence Chaplinsky vs New Hampshire 1941 0 Introduces concept of fighting words 0 Chaplinsky hands out yers on street 0 He gets arrested Terminello vs Chicago 1949 0 Terminello is an ex Catholic Priest 0 Has a following of people in ChiTown decides to give speech to followers 800 people inside venue 0 Outside the venue was a protest Terminello gets arrested for Disturbing the Peace 0 Terminello claims it s not his fault for the protest 0 Speech is protected by the 1st Amendment 0 Terminello wins because he was speaking with likeminded people Brandenburg v Ohio 1969 0 Brandenburg is a KKK leader in Ohio 0 He had a difficult time getting members to join so he created a PR campaign rally to gain members 0 Invites a reporter to film the event 0 Gets charged with advocating violence via television 0 1St amendment He claims it was social speech and didn t really mean what he said not actually provoking violence 0 He wins because there wasn t enough evidence to prove he provoked violence Brandenburg Test cause of loosing 1st Amendment case 0 Intent Purpose 0 Imminence Picked a Date 0 Likelihood How likely would you follow through with comments Cohen vs California 1971 Fuck the Draft Case 0 Cohen walks into a courtroom with a jacket that reads Fuck the Draft on the back of it 0 Gets arrested for disturbing the peace 0 Protected Speech or Fighting Words Protected Speech 0 Speech or Conduct Speech RAV vs St Paul 1992 0 RAV was a minor who burned a cross in an African American s lawn 0 Fighting words based on race color creed religion or gender are prohibited 0 RAV s lawyers says it doesn t count for strict scrutiny 0 Justices believes is overly broad RAV wins True Threats Only are intended to be carried out not protected by Constitution Watts vs US 1969 0 Watts gets upset about the draft says he would hit LBJ president with a rif e 0 Arrested for threatening to shoot the president 0 Claims that it s a jab critical at the Government not the President Concept of Emotional Hyperbole not true threat Virginia vs Black 2003 0 Black burns a cross in the lawn of an African American family 0 Cross Burning Law states it is unconstitutional and is also a true threat Elonis vs US 2015 0 Elonis life fell apart so he starts writing threats to his ex wife about how he wants to kill her etc through rap lyrics 0 Gets arrested once his ex calls the cops 0 Elonis says its emotional hyperbole therapeutic 0 Brandenburg test 0 There wasn t evidence that Elonis had intent to carry out threats
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'