Civics and Economic Honors - Unit Quiz #6

Freedom of Speech Original Intent

Freedom of Speech Today's SCOTUS Interpretation

How many limits to Free Expression?

Harm to One's Reputation

Three Criteria for Defamation

SCOTUS ruled that "public figures" must prove a 4th condition

NY Times v Sullivan 4th Condition

spoken defamation

written/posted standard

Non-verbal Expression

SCOTUS rules that public school students may violate dress codes to make political statements

Exception to Tinker v Des Moines

Exception to Tinker v Des Moines: Obscenities

Exception to Tinker v Des Moines: Advocating Illegal Substances

SCOTUS rules that public schools cannot punish students for what they post on social media when not on school grounds

Exceptions to Mahanoy School District, PA v BL

SCOTUS rules that flag burning is a legitimate form of political protest

SCOTUS rules cross burning is not protected as free speech but rather an instrument of terror

Destruction of US Currency/Coins, False Advertising, and Advertising Limits (Tobacco Products)

Violations for illegal music and movie downloading equally exist for file sharing websites as well as consumers

Exception to Grokster v MGM

Verbal comment that is: 1) Sexual in Nature, 2) Unwanted, and 3) Consistent

Sexual Harassment is based on the perception of...

Pose a clear and present danger to the US Gov't through words spoken or actions taken

Clear and Present Danger Doctrine

• Article 3, Section 3

• Only Crime Mentioned in the US Constitution

• Assisting the enemies of one's own nation

encouraging violent action against ANY level of US Gov't and based on perception not intent

expression which poses a threat to citizen safety

Words likely to Provoke "imminent lawless action"

Fighting Words Courtcase

Communicating threats of personal violence

SCOTUS ruled that threats made on Social Media are not illegal if the intent does not exist

sexually explicit content in the media

SCOTUS ruled that sexually explicit material may be banned if it meets 3 criteria:

1. Sexual Content must be intended and obvious

2. Sexual Content must be ACTUAL sexual conduct which offends community standards

3. The sexual content must have NO scientific, political, artistic or literary value.

Motion Picture Association of America

Federal Criminal Exception to Miller v California

Defines CP as the "sexualization" of anyone under the age of 18

Extends the federal ban on CP to the internet

SCOTUS ruled that parts of the Com. Decency Act violated the 1st Amendment bc. it didn't define intent

• Indecent is Protected

• Obscene is NOT

SCOTUS ruled that violate media content in video games and films are not to be categorized as obscene

Freedom of the Press is ___ _____ compared to most nations

Guaranteeing the Public's "Right to Know"

Censoring the media before a story is released (4 Exceptions)

National Security Prior Restraint at WarTime

If a news report will....

CP Reporting

If a school principal objects to a school funded newspaper

Demonstrations are Limited by the Following Permit Restrictions:

Demonstrations may NOT be limited by the Following Permit Restrictions:

SCOTUS rules that the 1st Amendment protects demonstrations w/ offensive speech EVEN if it causes great emotional distress

Synder v Phelps Precedent Case

Gun Regulations are typically at the ____ level.

1. Outlaws Fully Automatic Weapons (Machine Guns)

• Except with an ATF Permit

2. Outlaws Sawed-off Shotguns

Signed by LBJ in response to the JFK assassination.

• Requires mail/online order firearms to be delivered to an FFL Dealer before transfer to a US Citizen

Requires a background check before the purchase of a handgun

Outlawed 19 types of Semi-Automatic, military style, assault rifle (expired 2004)

• Enhances Background Checks for Firearm Purchases (Juvenille Records)

• Federally Criminalizes Straw Purchases

• Clarifies FFL Dealer Definition

• Boyfriend Loophole closed/Banned gun ownership for ppl with a Domestic Violence Record

SCOTUS Upholds the National Firearms Act

SCOTUS rules laws banning handguns outright for law abiding citizens are unconstitutional AND the 2nd amendment guarantees the right to a personal firearm apart from militia

SCOTUS incorporates the DC v Heller ruling to the states

SCOTUS rules the 2nd Amendment includes the right to carry a gun outside the home

a federal law preventing the US military from acting in domestic law enforcement, except as determined by congress

5 Congressional Exceptions to Posse Comitatus Act

can be declared by either governors or presidents (INSURRECTION ACT)

Warrant

good reason to believe a crime has been committed

a sworn statement that is signed by a law enforcement officer, attesting to facts and circumstances justifying a search

SCOTUS rules that police pat downs may occur under two conditions:

• Suspicious Behavior

• Concealed Weapon Probability

SCOTUS establishes police guidelines for the use of "deadly force"

SCOTUS rules that public school searches may occur with either:

• Student Consent

• Reasonable Suspicion

a level of suspicion which is less than probable cause

SCOTUS rules that vehicles may be searched under any of the following conditions:

• Traffic Ticket

• Probable Clause (Plain View)

• Consent of the Driver (NOT OWNER)

Extent of Vehicle Searches

Riley v California Exception

SCOTUS ruled that body searches may include the following if necessary:

• Strip Search

• Body Cavity Search

• Body Fluid and Breath Test

Body Searches may not include....

The greatest search powers of any law enforcement agencies in the US

ICE and TSA does NOT need:

Search Powers of ICE and TSA are derived from...

SCOTUS ruled that evidence illegally seized by law enforcement is not admissible in the US courts

Exception to Mapp v Ohio