Download Landmark Supreme Court Cases in First Amendment Law and more Quizzes Communication and Development studies in PDF only on Docsity! TERM 1 *Tinker v. Des Moines School District (1969) DEFINITION 1 Kids wore black armbands to school in protest of Vietnam War, demanding a ceasefire and the return of troops by Christmas Court decided that the First Amendment extended to public schools School had to prove that there was a constitutional reason for censorship TERM 2 *New York Times Co. v. U.S. (1971) DEFINITION 2 Near v. Minnesota used as precedent 1st stop of a major publication during peacetime Government has heavy burden to justify restraint NYT and Washington Post restricted from publishing the Pentagon Papers TERM 3 *Near v. Minnesota (1931) DEFINITION 3 Rejected prior restraint First Amendment through Fourteenth Amendment Minnesota law targeted malicious or scandalous newspapers Near started The Saturday Press, targeted by above law TERM 4 *Texas v. Johnson (1989) DEFINITION 4 Burning of flag on steps of Dallas City Hall in protest of Ronald Reagan campaign, after Republican National Convention Strict Scrutiny used Decision: A statute that criminalizes the desecration of the American flag violates the First Amendment. Marked as expressive conduct: 1. Is the conduct expressive? 2. Is there an intent to express a message? 3. Is there a likelihood the message will be understood by witnesses? TERM 5 *Miller v. California (1973) DEFINITION 5 Court redefined obscenity A work is obscene, if: 1) Found by the common person applying contemporary community, taking work as a whole, to be in the prurient interest 2) Work depicts, in particularly offensive way, sexual conduct or excretory functions, specifically defined by applicable state law 3) Work, as a whole, lacks Serious Literary, Artistic, Political or Scientific value (SLAPS) Work has to meet ALL THREE, or it is thrown out TERM 6 Gitlow v. New York (1925) DEFINITION 6 Set precedent for prior restraint First Amendment applies through Fourteenth TERM 7 Chaplinsky v. New Hampshire (1942) DEFINITION 7 Defined fighting words: Inflict injury; Incite immediate breach of the peace Arrest of Chaplinsky upheld, speech was targeted at one person TERM 8 Nebraska Press Ass'n v. Stuart (1976) DEFINITION 8 Prior restraint on speech and press are the most serious and least tolerable infringements on the First Amendment TERM 9 U.S. v. OBrien (1968) DEFINITION 9 Precedent in Texas v. Johnson Burnt draft card, not protected by First Amendment Led to OBrien Test TERM 10 Common Law DEFINITION 10 judge-made law; precedent; discovered law Stare decisis let the decision stand. A court may: 1) Modify the precedent, 2) Distinguish the precedent, 3) Overrule the precedent
