eko mcom 3320 final terms & legal
principles defined| Questions with 100%
Solutions/Verified Answers
School Disruption Test (Tinker) - ANSWER If it interrupts the flow of learning it
is not protected speech.
The Miller Test (Obscenity) - ANSWER Regulated obscenity standards in the
United Stated under local community standards.
The Fair Use Test - ANSWER The sale of TV recorders to the general public does
not infringe copyrights because Universal failed to show that power to record
causes any harm to the copyright.
The Hierarchy of Free Speech Protection - ANSWER Extreme speech on matters
of public concern is protected speech.
Doctrine of Incorporation - ANSWER What Congress cannot do under the First
Amendment, states cannot do under the 14th Amendment.
Vagueness and Overbreadth - ANSWER Laws that are so imprecise and so broad
that they punish substantial amounts of protected speech along with
unprotected speech are unconstitutional.
, Forum Analysis - ANSWER Government approved location for right to assemble.
Prior Restraint - ANSWER Unconstitutional.
National Security Exception - ANSWER If it will surely resort in
immediate/irreplaceable damage to country's rep. prior restraint is constitutional.
Discriminatory Tax - ANSWER Taxation that discriminates against press is
unconstitutional. Can be considered Prior Restraint.
Fighting Words Doctrine - ANSWER Words that tend to incite immediate physical
reaction and are said "in you face" are illegal.
Expressive Association - ANSWER Right to associate for the purpose of engaging
in those activities protected by the First Amendment: speech, assembly, petition
for the redress of grievances, and the exercise of religion.
Hate Speech - ANSWER Can only be punished if it is aimed at intimidating people.
Heckler's Veto - ANSWER The right of the speaker takes precedence over the
feelings of the listener.
Rhetorical Hyperbole - ANSWER Exaggerated speech/vigorous epithets. Not
libelous because it is assumed opinion when used.
Tort Law - ANSWER Civil Wrongs.
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