Exam 3: Speech Distinctions

If speech and action are mixed together,such as in the symbolic act of burning a flag,the speech deserves no greater protection from regulation than would a non-symbolic action,such as burning trash.

The U.S.Supreme Court generally has found university speech codes constitutional because they advance the educational interests of university administrators.

The Supreme Court's categories of speech provide

The doctrine of the heckler's veto protects the free speech rights of minorities by giving lone dissenters equal rights to speak as individuals chosen as part of an organized speech activity.

The doctrine that permits government to restrict First Amendment rights when restrictions are needed to prevent an extremely serious and imminent harm is called the clear and present danger standard.

The First Amendment favors underinclusive laws because they target only a subset of a natural group of expression for regulation.

Students in all public educational institutions,whether primary schools or universities,enjoy the same protection from regulation of their speech.

Since the Supreme Court's ruling in RAV v.St.Paul,anti-hate speech ordinances are presumptively constitutional.

Only when media intentionally and directly harm an individual will they be found negligent.

Supreme Court decisions establish clearly that students in public schools (K-12)

Fighting words

The types of speech that threaten national security

Hate speech is a legally defined category that the U.S.Supreme Court has ruled does not deserve First Amendment protection.

Under the Supreme Court's ruling in Tinker v.Des Moines Independent School District,school administrators may punish student speech that does not disrupt school.

Using the case of Frederick v.Morse as one example to illustrate your points,discuss how the U.S.Supreme Court views the power of government to regulate off-campus or online speech by public school students.

Laws that protect national security by punishing speakers who incite violent actions are

The U.S.Supreme Court struck down the anti-hate ordinance at issue in R.A.V.v.St.Paul in part because the law was underinclusive.

Words directed at an individual with an intention to inflict injury or incite immediate illegal actions are called fighting words.

The clear and present danger test

If a court uses the incitement test when a mass medium is sued for causing physical harm,the plaintiff