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ap gov chapter 15 vocab
Terms in this set (31)
Supported by conservatives (Scalia): Constitution prohibits favoritism toward any particular religion but doesn't prohibit government aid to all religions
compelling interest test
A method for determining the constitutionality of a statute that restricts the practice of a fundamental right or distinguishes between people due to a suspect classification. In order for the statute to be valid, there must be a compelling governmental interest that can be furthered only by the law in question.
bad tendency doctrine
interpretation of the first amendment that would allow the congress or state legislatures to prohibit or limit speech or expression that had the tendency to cause or incite illegal activity.
clear and present danger doctrine
established in Schenck v United States (1919), it gives the government the right to censor free speech if, during national emergencies such as war, it can be proven that the result of the speech will significantly hurt national security.
no prior restraint doctrine
preferred position doctrine
Interpretation of the First Amendment that holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do.
required government agencies to open their meetings to the public and the press
Governmental action to restrain the publication of information prior to actual publication. It was declared unconstitutional by the Supreme Court in Near v. Minnesota, (1931), and in N. Y. TIMES v. U. S. (Pentagon Papers Case), (1971).
Federal Communications Commission policy that required holders of radio and television licenses to ensure that different viewpoints were presented about controversial issues or persons; largely repealed in 1987
smith act 1940
(HT) , made it illegal to advocate the overthrow of the US government by force or violence
alien and sedition act 1798
-criminalizes speech that is critical to the gov.
-both madison and jefferson agree it is unconstitutional
-the supreme court doesnt have the power to decide what is constitutional yet
-eventually pass what is called "the virginia and KY compromise"
-serves as a catalyst to provoke a response to those who're in a different party
A law that prohibits unprotected speech, but also too much protected speech, is SUBSTANTIALLY OVERBROAD and therefore unconstitutional. (Not applicable to Commercial Speech)
telecommunications act 1996
legislation that overhauled the Federal Communications Act of 1934 by deregulating a range of communications technologies in effort to promote competition in the development and provision of telecommunications services.
least drastic means test
laws cannot restrict speech if there are other means to handle the problem (must use least drastic means)
centrality of political speech
political speech is given special protection because of its importance in a democraxy it is less likely to be resticted than other types of speech
involves conduct that communicates in a way that is analogous speech-behavior intended to create meaning
communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.
a Federal Communications Commission rule that requires equal air time for all major candidates competing for political office. It was preceded by the fairness doctrine, abolished in 1987, which required radio and television broadcasters to air contrasting views on controversial public issues.
The right to keep executive communications confidential, especially if they relate to national security
freedom of information act 1966
Provides a system for the public to obtain government records, as long as they do not invade individuals' privacy, reveal trade secrets, or endanger military security.
(n.) a written statement that unfairly or falsely harms the reputation of the person about whom it is made; (v.) to write or publish such a statement
words falsely spoken that damage the reputation of another
time, place, and manner doctrine
The U.S. Supreme Court has developed the time, place, and manner rule to determine whether government regulatons or limitaions of free speech are legal. According to this guideline, regulations about free speech may be constitutional if they are neutral concerning the content of the seech and deal only with the time, place, and manner of speech.
public places historically associated with the free exercise of expressive activities; streets, side walks, parks; time, place, and manner must be reasonable, cannot be limited because of what is being said
limited public forums
government properties that the government could close to speech, but chooses to open to speech. The same rules apply as for public forums.
open to the public but are not public forums; must use facilities within a normal bound of conduct, may be excluded if assembly uses building for purposes which it was not intended; no right to interfere with programs or try to take over a building; eg: libraries, courthouses, prisons, schools, swimming pools, government offices
an illegal action inciting resistance to lawful authority and tending to cause the disruption or overthrow of the government
people who are elected into office
The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
The current judicial test for obscenity cases that considers community standards, whether the material is patently offensive, and whether the material taken as a whole lacks serious literary, artistic, political, or scientific value.
A government regulation is sufficiently justified if: (1) It is within the constitutional power of the Government; (2) It furthers an important or substantial governmental interest; (3) The governmental interest is unrelated to the suppression of free expression; and (4) The incidental restriction on the freedom is no greater than is essential to the furtherance of that interest. (SOCIAL WEATHER STATIONS vs. COMELEC citing U.S. vs. O'BRIEN 391 US 365)
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