Constitutional Law: Quiz #2 Study Guide

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POSC 304-01, Professor Richard Taskin, Spring 2014. Massachusetts College of Liberal Arts {Based on Readings: (1.) The Dynamic Constitution, 2nd Edition, by Fallon. [Page 54-57] (2.) The Oath: The Obama White House and the Supreme Court by Jeffrey Toobin. [Chapter 3] (3.) American Constitutional Law, Volume 2, 9th Edition by Rossum and Tarr. [Page 203-207; Page 223-227, Page 231 -232; Page 261-267]}

Dennis v. United States

case relating to Eugene Dennis, General Secretary of the Communist Party USA. The Court ruled that Dennis did not have the right under the First Amendment to the United States Constitution to exercise free speech, publication and assembly, if the exercise involved the creation of a plot to overthrow the government.

Brandenburg v. Ohio

a leader of the Ku Klux Klan, made a speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law. Law was found unconstitutional under the First and Fourteenth Amendments. States were not allowed to punish or prevent inflammatory speech unless it will lead to imminent lawless action

United States v. O'Brien

court case that had to deal with the burning of draft cards; said he can protest the Vietnam war but he can't burn the draft card-this case laid down the three-part test for symbolic speech including that limits be narrowly drawn.
, the first amendment does not protect destruction of government property like the selective service certificate.

Texas v. Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

R.A.V. v. City of St. Paul

The Court concluded that St. Paul, Minnesota's Bias-Motivated Crime Ordinance violated the First Amendment because it regulated speech based on the content of the speech. Burning crosses cannot be regulated by St. Paul's unconstitutional law.

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