| Term | Definition |
|---|
| Pure speech | Verbal; most protected by courts |
| Speech plus | Verbal + symbolic; maybe limited |
| Symbolic speech | Actions &symbols rather than words |
| Schenck v. U.S. (1919) | Encouraged draftees to protest draft during WWI |
| Gitlow v. New York (1925) | Incorporation of BoR to state(s) under 14th Amend's due process clause |
| Due process of Law | Govt cannot infringe on people's rights to life, liberty, &property |
| Chaplinsky v. New Hampshire (1942) | "Fighting Words" not protected by First Amend |
| Tinker v. Des Moines (1969) | Wearing black armbands protesting vietnam war is symbolic speech &protected by First Amend |
| Brandenburg v. Ohio (1969) | Govt cannot punish inflammatory speech unless directed/likely to incite lawlessness; "clear &present" danger test less restrictive |
| Miller v. California (1973) | Measures obscenity; Est'd Miller test |
| Miller test: first requirement | Major theme dos not meet community's contemporary standards |
| Miller test: second requirement | Clearly shows sexual behavior outlawed by state law |
| Miller test: third requirement | "Lacks serious literary, artistic, political, and scientific value" |
| Texas v. Johnson (1989) | Flag burning constitutional; symbolic speech |
| Reno v. American Civil Liberties Union (1997) | Communications Decency Act unconstitutional; "Overly broad and vague" in regulating internet speech |
| Communication Decency Act (CDA) | First govt attempt to regulate porn upon internet |
Combine with other sets
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