24 terms

Chapter 3 Terms

Ad Hoc balancing
a test in which courts begin with a "clean slate" in evaluating specific and localized issues and judge each case on its own merrits without preconceived notions of which side should prevail
Bad tendency test
a standard, no logner applied, for evaluating the potential danger of political speech.
balancing tests
standard most often applied today in evaluating the potential danger of political speech. Using the standard, weigh the difference of free speech vs gov't regulating harmful speech
blackstonian doctrine
a policy of not exercising prior restraint but isntead punishing the source of harmful speech after it occurs
clear and present danger test
a standard used during much of the 1900's for evaluating the potential danger of political speech. Motivates audience to conduct violent acts
compiled speech
forcing someone to participate, either directly or indirectly, in speech they object
content neutrality
the policy of evaluating speech without consideration of its content, paying mroe attention to time, place, and manner
discriminatory licensing
abuse of gov't discretion in the issuing of licensing for communication. Used in broadcasting licenses
discriminatory taxation
the application of tax policy based on content of the materials involved such as taxing pornographic literature at a higher rate than literature of a less controversial nature.
equivalent function rule
a collective term for state laws that require owners of shopping centers and other provately owned property to allow the same free speech opportunities offered by public places
gag order
a judges directive to participants in a legal proceeding not to discuss the case with outside parties, including media
legal action in which a court issues an order for the offending party to stop a specific activity
limited public forum
public place in which speech is customarily not allowed. prisons
O'Brien test
three-part statndard for evaluating laws dealing with displays of contempt for a the gov't or its policies
overbreadth and vagueness
adjectives used to describe laws that are too loosely structured or that use terms too difficult to define
preferred position theory of balancing
a test in which courts begin to evaluate a case with the assumption that rights protected by the Constitution take priority over other rights
Pre-Publication agreement
part of a employment contract that requires gov't employees to submit book manuscripts for approval and censorship
prior restraint
a formal term for censorship
propaganda labeling
the gov't attempt to identify speech critical of the country
Punishment after the fact
as opposed to prior restraint the policy of waiting until after speech occurs to determine potenital harm and decide appropriate punishment
rational basis standard
a rule that states that when the gov't attempts to restrict speech, it must have a "rational basis" for doing so. Burden is ont he gov't to determine why the speech should be restricted
strict scrutiny
the tendency of the courts to place a heavy burden on the gov't to prove why prior restraint or other action is necessary in a particular case
time, place, manner
an extension of content neutrality. Not content, but when, where and how
traditional public forum
public place is which political speech is expected and seldom regulated, such as a public park or the sidewalk outside of a gov't building