mmc exam 1 study guide - MMC Exam 1 Study Guide Cases:...

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MMC – Exam 1 Study Guide Cases: First Amendment Zenger Trial Seditious Libel (criticism of the government was outlawed): led to first amendment - important symbolic victory, not as much legal importance - the most famous case of government censorship in the American Colonies Gitlow vs. New York set president: NY had law that reduced rights of the 1 st Amendment - incorporation doctrine: showed how state law shouldn’t violate the constitution o Freedom of speech is covered by 14 th Amendment - this marked the beginning of attainment of a full measure of civil liberties for everyone living in the USA Near vs. Minnesota first major sedition case: prior restraint - made loophole of prior restraint - prior censorship is only permitted in unusual circumstances (this is the exception, not the rule) o the government gets to decide what is “scandalous” Pentagon Papers Case questioned national security: - the government failed to show the court why the restraint should be imposed
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o government couldn’t justify its request for a permanent restraining order from the press (couldn’t prove that the ban was needed to protect the nation) - not a violation of freedom of the press - the government couldn’t make their case, so the courts couldn’t make any ruling (no better understanding was made for 1 st amendment) Tinker v. Des Moines Set president: 1 st amendment expanded rights of students - School officials could only limit student speech when they could demonstrate that it would cause a material and substantial disruption of school activities or an invasion of the rights of others. - You have the same rights that you have everywhere when in a public school o independent, non-school-sponsored student speech *first time high school students had first amendment rights Hazelwood vs. Kuhlmeier 1 st Amendment restricted rights: administrative censorship - the rights of students in public schools are not necessarily the same as those of adults in other settings - the newspaper was made in a journalism CLASS (school sponsored publication w/ advisor) o the school was not required to follow the standard established in Tinker v. Des Moines - First Amendment test could be used to analyze administrative censorship of school-sponsored speech that occurred in a non- public forum o Cant shut down newspaper unless it’s a “legitimate pedagogical concern” *limited high school students 1 st amendment rights if you have an advisor w/ credit opposed to just a club
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Bethel vs. Frasier Distinguished from Tinker: A student’s First Amendment rights could vary depending on the type of expression involved and where and how it took place. - Sexually subjective speech wasn’t appropriate at a venue with a captive audience o Undermine the school’s basic educational mission Cases: Libel Law NYT Vs. Sullivan created a new category of plaintiff: public official - Created new standard (actual malice): the First Amendment protects the publication of all statements, even false ones, about
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This note was uploaded on 03/21/2011 for the course MMC 3200 taught by Professor Voss during the Spring '11 term at University of Central Florida.

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mmc exam 1 study guide - MMC Exam 1 Study Guide Cases:...

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