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SPEA-V184 Exam 2 || Well Elaborated Answers 2024/25
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|clear and present danger test - Correct Answer -law should not punish speech unless there was a clear and present danger of producing harmful actions -"the question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present d...

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  • October 23, 2024
  • 4
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

Subjects

  • clear and present danger test law should not puni
  • imminent lawless action test brandenburg rule u
  • new york times v sullivan actual malice test
  • obrien test when a regulation prohibits conduct

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SPEA-V184 Exam 2 || Well Elaborated Answers
2024/25
|\clear and present danger test - Correct Answer -law should not punish speech unless
there was a clear and present danger of producing harmful actions
-"the question in every case is whether the words used are used in such circumstances
and are of such a nature as to create a clear and present danger that they will bring
about the substantive evils that Congress has a right to prevent. It is a question of
proximity and degree."

imminent lawless action test (Brandenburg) - Correct Answer -rule used by the courts
that restricts speech only if it is aimed at producing or is likely to produce imminent
lawless action
-"The constitutional guarantees of free speech and free press do not permit a State to
forbid or proscribe advocacy of the use of force or of law violation except where such
advocacy is
1. directed to inciting or producing imminent lawless action
2. is likely to incite or produce such action"

New York Times v. Sullivan (Actual malice test) - Correct Answer -"prohibits a public
official from recovering damages for a defamatory falsehood relating to his official
conduct unless he proves that the statement was made with actual malice - that is, with
the knowledge that it was false or with reckless disregard of whether it was false or not."

O'Brien Test - Correct Answer "when a regulation prohibits conduct that combines
"speech" and "non-speech" elements, "a sufficiently important governmental interest in
regulating the non-speech element can justify incidental limitations on First Amendment
freedoms"
the regulation must:
1. be within the constitutional power of the government to enact
2. further an important or substantial government interest
3. that interest must be unrelated to the suppression of speech
4. prohibit no more speech than is essential to further that interest

strict scrutiny test - Correct Answer -a test applied by the court when a classification is
based on race; the government must show that there is a compelling reason for the law
and no other less restrictive way to meet the interest
- form judicial review courts use to determine the constitutionality of certain laws

Mathews v. Eldridge Balancing test - Correct Answer -Individual Interest: The interests
of the individual in retaining their property and the injury threatened by the official action
-Risk of erroneous deprivation: the risk of an erroneous deprivation of such interest
through the procedures used, and the probable value, if any, of additional or substitute
procedural safeguards

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