PLSC1 EXAM 2 NOTES.docx - 2/4 What kinds of speech are...

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2/4What kinds of speech are most protected under the First Amendment?Political speech is the most consistently protected speech.Espionage Act 1917 (ww1) people not going to ww1Schenk vs. US (1919): establishes the “clear and present danger” test for protection ofspeech. Speeches are protected unless it relates to crime.Anti-syndicalism laws (Ohio): advocating violent overthrow of the gov’t. these are nowunconstitutional.Campaign finance: campaign contributions.1973 Federal Elections Campaign Act (FECA)1976 Buckley vs Valeo: first case of freedom of speech. Campaign contributions are aform of political speech; and persons running for office can contribute in unlimitedamounts because political speech is protected by the First Amendment. Political speechget the most protection.2010 citizens United vs FEC: Since corporations are persons in law, then they haveFirst Amendment protections to give to campaigns in unlimited amounts.Symbolic speech: expressing ideas without using words, or saying wordsUS vs. O’Brien 1965: draft card burning case; USSC decides that this is notprotected symbolic speech.Tinker vs DesMoines School District 1969: their family is against Vietnam war;black arm band, they got kicked out of school. USSC decides that the wearing ofblack armbands in public school is a protected for of free speech.Speech plus: speech accompanied by conduct, sit-ins, parades, demonstrations.The limiting factor is local permitting and police powers of the state: permitting.Freedom of the Press: Protects only the hard copy press in America.Prior restraint: the name for the principle that gov’t cannot/should not regulate thepress.Near vs. Minnesota, 1931: establishes the guarantee against prior restraint.1971 NY Times vs. Nixon: USSC decides that the fed gov’t cannot prevent publishing ofthe Pentagon Papers.2/6First AmendmentLying about someone to ruin their reputation?Libel: a written statement made in reckless disregard of the truth in order to damagesomeone’s reputation by being malicious, scandalous, and defamatory.Slander: same thing as libel but in spoken words.Obscenity猥亵 and pornography色情: LAPS testWhat actually happens: imposition of community standards; a political limit.Fighting words: insight someone to fight. Category of speech that’s not protected; buthard to enforce.Hate speech codes: college campuses; Second Amendment: most of the controversy has to do with hoe individuals and individual gunownership is/is not related to the raising of a militia at the founding.Due process liberties: 4th, 5th, 6th, and 8thFourth Amendment: gov’t has no right to search your house, car unless they have a probablecause. Probable cause; guarantee against unreasonable search & seizure.

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