JOURNALISM 303 TEST 1, JOUR 303 Test 1
FIRST ANSWER ON EVERY TEST: What does the 1st Amendment protect?
Political Speech
2nd Answer: What prohibits the government?
Prior Restraint
3rd Answer: What 5 things does the 1st amendment protect?
Speech
Religion
Press
Petition
Assembly
Should...
JOURNALISM 303 TEST 1, JOUR 303
Test 1
FIRST ANSWER ON EVERY TEST: What does the 1st Amendment protect?
Political Speech
2nd Answer: What prohibits the government?
Prior Restraint
3rd Answer: What 5 things does the 1st amendment protect?
Speech
Religion
Press
Petition
Assembly
Should the Brandenburg test be a thing today?
The test is used to determine if a law has been broken based on speech and action
If a person insights imminent lawless action then they can be charged, however if their
words are not taken into action until later then the speaker is ok
Conspiracy
If you say something such as "we should kill the president" even if you don't go kill the
president you conspired to do so which is illegal
Jurisdiction
The power to make and enforce a judgement
How a law is made
Someone writes a bill
Bill goes before committee who decides to kill or revise
Bill goes before whole house
If it passes the house it goes to the Senate
They vote, pass it to the president to sign
4 Steps for determining what a law means
1. Read the law
2. Look for precedent
3. Look to the law givers
4. Look to the history of the times
Pentagon Papers Decision
NYT was allowed to publish the articles
Schenck v. US (1919)
-First case having to do with the 1st Amendment
-Charles Schenck distributed flyers to airmen telling them how they were a part of
"involuntary servitude"
-Was arrested and charged with violating the Espionage Act of 1917
(Unlawful use of mail, conspiring to cause insubordination in military)
1st Amendment Date
December 15, 1791
, Abrams v US
-Produced flyers criticizing the war
-Arrested and charged with violating the Sedition Act of 1917
Justice Oliver Wendell Holmes
Wrote the Espionage Act and Sedition Act
3 Things a Law Specifies
1. What is the act
2. What is the state of mind
3. What is the penalty
The Process of Being Arrested and Prosecuted
-Taken to jail
-See judge
-What is the case? Charge?
-Informed of charge
-Plead
-Bail system- pay and come back or stay in jail
-Gather evidence, Prosecution= evaluate case
-Drop charges or keep going
Potential Pleas
Not guilty
Guilty
No contest
Voirdire
Picking jury
Achieving prior restraint
1. Force
2. Law
3. Regulation -> license
4. Tax
5. Court Order
6. Censor
7. Government media
8. Government owns means-> raw material
Prior restraint
No right to speak out
Clear and Present Danger Test
-Compelling government interest
-The need to regulate
Bad Tendency Test
If an action has a bad tendency or intention, that is all that is necessary
Free Marketplace
-No govt.
-Supply and demand
-Market determines value
-Theology
Gitlow v. NY (1925)
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