4647969
Description
Flashcards by Sophia Khan, updated more than 1 year ago
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Created by Sophia Khan
over 8 years ago
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| Question | Answer |
| Preferred Position Doctrine | free expression enjoys a higher status than other rights in the Constitution because of how important it is to a democratic nation |
| Prior restraint | blocking speech before it is given is unconstitutional (except in issues of national security) |
| Symbolic speech | Somewhere between speech and action -------Generally protected (burning of draft cards not protected; burning of the flag is protected) |
| Political speech | Highest level of protection --------------Belief is most protected; action can be most restricted; but speech falls somewhere in between |
| Least Drastic (restricted) Means Test | laws cannot restrict speech if there are other means to handle the problem |
| Defamation | Untruth (a lie) that damages a reputation |
| Libel | Written defamation |
| Slander | Spoken defamation |
| Clear and Present Danger | imminent threat to society (like yelling "FIRE!") |
| Commercial Speech | It is subject to far greater regulation than political speech (TV, movies, ads) because children are unwilling subjects to the speech |
| Fighting Words | speech that can incite violence |
| Objective (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 |
| Subjective (PERSONAL) intent to threaten says that....... | for something to be a true threat, there must be a willful intent to carry out the threat |
| Sedition | Advocating 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 |
| Use the _______ test for Obscenity cases | Miller test |
| Freedom of speech is freedom to do what 2 things | 1) Freedom to GIVE speech 2) Freedom to HEAR speech **NOT limited to VERBAL** |
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