Incorporation
A doctrine through which the first ten amendments of the United States Constitution are made applicable to the states through the Due Process clause of the Fourteenth Amendment.
What is incorporation?
This case was the first to introduce the clear and present danger test.
What is Schenck v. U.S.?
Part of the test used in this case proposed by Justice Brennan states that content is obscene if it is “utterly without redeeming social value”.
What is Roth v. U.S.?
The ruling in this case holds that when a statement concerns a public figure, false statements are not enough to qualify as libel. They must be accompanied by knowledge of or reckless disregard for its falsity.
What is NYT v. Sullivan?
This encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of a group to accept or decline membership based on certain criteria.
What is freedom of association?
This case asks the question “Does the ‘taking clause’ of the 5th Amendment apply to the states, or is it solely a restriction on federal power?"
What is Barron v. Baltimore?
This free speech standard originates in British Common law and proposes no distinction based on context.
What is the bad tendency standard?
This was the first test used to determine if material was obscene or not.
What is the Hicklin Test?
The message in this case, while cryptic, was ruled as unprotected speech at school because it was easily construed as promoting the use of illegal substances.
What is Morse v. Frederick?
The court ruled in this case that the New Jersey public accommodations law violates freedom of expression by forcing the petitioners to send a message that is “inconsistent with the values it seeks to instill”.
What is Boy Scouts of America v. Dale?
This test was used to inform the Court’s opinion on whether the police procedure of forcing a suspect to vomit violates the 5th Amendment privilege against incrimination and the Due Process Clause of the 14th Amendment.
What is the Shocks to the Conscience test in Rochin v. California?
This standard, in this case, “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 directed to inciting or producing imminent lawless action and is likely to incite or produce such action”.
What is the imminent lawless action standard in Brandenburg v. Ohio?
This case involved the legal question of whether the sale and distribution of obscene materials by mail is protected under the First Amendment. The Court ruled it is not.
What is Miller v. California?
The majority opinion for this landmark case includes this quote: “It can be hardly argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate”
What is Tinker v. Des Moines?
SCOTUS unanimously ruled in this case that Alabama’s subpoena for records from this organization violated the Due Process clause of the 14th Amendment.
What is NAACP v. Alabama?
In this case, a divided court ruled that the 14th Amendment’s due process clause did NOT extend the 5th Amendment’s protection against self-incrimination in state courts.
What is Adamson v. California?
The opinion that this quote comes from. “Every idea is an incitement. It offers itself for belief, and, if believed, it is acted on unless some other belief outweighs it or some failure of energy stifles the movement at its birth. The only difference between the expression of an opinion and an incitement in the narrower sense is the speaker's enthusiasm for the result. Eloquence may set fire to reason.”
What is the Holmes and Braindeis dissenting opinion?
In this case, the court ruled that cross burning with intent to intimidate may be banned by states, however it is unconstitutional to treat cross burning alone as evidence of intent to intimidate.
What is Virginia v. Black?
The court ruled in this case that the 6th Amendment DID in fact extend to the states, because trial by jury in criminal cases is “fundamental to the American scheme of justice”
What is Duncan v. Louisiana?
These five cases (in chronological order) were key moments in the evolution of how freedom of speech cases were judged.
What is Schenck v. U.S., Abrams v. U.S., Gitlow v. New York, Dennis v. U.S, Brandenburg v. Ohio?
This supreme court ruled in this case that it was unconstitutional to “prohibit otherwise permitted speech solely on the basis of the subjects the speech addresses”.
What is R.A.V. v. City of St. Paul?