SECTION IV: PRIOR RESTRAINT
What is prior restraint?
In what case did the court set the clear and present danger test
How did Justice Oliver Wendell Holmes describe clear and present danger?
Who said: “Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty.”
In US v Press Publishing, 1911, Teddy Roosevelt sued Joseph Pulitzer’s New York World, and other publications, over what issue? What was the result?
In what case did the court change the “clear and present danger” test for prior restraint to “imminent action”
Who said: “Advocacy of revolution is [not so] dangerous except in extraordinary times of great tension.”
In what 1933 case did the court say that a state cannot “ban” a publication, explaining: “The fact that the liberty of the press may be abused by miscreant purveyors of scandal does not make any the less necessary the immunity of the press from previous restraint in dealing with official misconduct. Subsequent punishment for such abuses as may exist is the appropriate remedy, consistent with Constitutional privilege.”
In what case did the court allow the arrest of a man who called police “fascists” (using the “fighting words” doctrine)
A state law against burning the US flag in a demonstration is overly broad, the court said in …
A West Virginia law requiring students to salute the flag and say the pledge of allegiance every morning was challenged in what case?
In what case did the court deny a Nixon administration motion to stop publication of the Pentagon Papers about the Vietnam War
What broadcasting regulation case was decided around the same time as Near v Minnesota and shows how much more regulated broadcasting has been?
In what case did the court say: “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
What case overturned Tinker v Des Moines and allowed censorship of high school publications?
In what case did the Supreme Court say that burning a cross with the intent to intimidate is not a symbolic action protected under the First Amendment?
Cases that protected the “right of association” include:
Obscenity: What is the original British case that led to prosecution of publishers of obscene material?
Obscenity: What law was passed in the US to suppress obscene publications in 1872
Obscenity: What 1915 case set the stage for state and national boards of movie censors?
Obscenity: In what case did the federal courts decide that they could no longer enforce the Hicklin rule?
Obscenity: What case formally replaced the Hicklin rule in 1957 and define obscenity as: ““Whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to the prurient interest.”
Obscenity: What is the 1973 case that is the basis of the current obscenity standard?
Obscenity: In what case did the court modify the Miller obscenity test and say that some national cultural standards exist?
Obscenity: In what 1997 case did the court say that the Internet and the World Wide Web has full First Amendment protection, like print media, and should not be regulated like radio and television broadcasting.
Obscenity: Can you name a person in history who fought for the right to provide birth control information to women?
Obscenity: One leader in the argument to ban violent pornography has argued that laws are needed to protect women from violence. What is her name and in which did the courts say such laws could interfere with the First Amendment?
What is a “true threat”? What case helped define that?
What case established a short-lived standard for group libel in the hope of stemming hate speech against civil rights groups?