Articles of Confederation and Constitution
Under the Articles of Confederation, government had this number of branches
What is one? (The legislative branch)
A series of editorials published from 1787 to 1788 in support of the Constitution.
What are the Federalist Papers?
The Supreme Court pointed out in this case that "circumstances matter."
What is Schenck v. US
This Supreme Court in this case held that a government's concern about its very existence permitted it to restrict speech.
What is Gitlow v. New York?
When the government restricts speech because of its content, this standard applies
What is the "strict scrutiny" standard?
Under the Constitution, government has this number of branches
What is three? (Legislative, Executive and Judicial)
This group of people supported the ratification of the Constitution and published a series of editorials in support of ratification.
Who are the Federalists?
This "place" is the place where the right to speak freely is the most protected
What is a traditional public forum?
This was the first Supreme Court case to introduce the "clear and present danger" test
What is Schenk v. US?
These are the components of "Strict Scrutiny"
What is: 1. A compelling interest of the Govt.
2. A narrowly tailored law to meet that compelling interest?
The Article numbers that designate the branches of government in the Constitution
What are Article I (Legislative)
Article II (Executive), and
Article III (Judicial)?
This group of people were opposed to the ratification of the Constitution.
Who were the Anti-Federalists?
The town square is considered to be this type of forum
What is a traditional public forum?
This case coined the phrase: "It can hardly be argued that either students or teachers shed their constitutional right to freedom of speech...at the schoolhouse gate"
What is Tinker v. Des Moines?
A false statement about a public official concerning her public duties is ok unless...
What is "Actual Malice"?
1. Known to be false; or
2. Reckless disregard with whether it was false or not.
This section of the Constitution lays out the enumerated powers of Congress
What is Article I, section 8?
The name for the first ten amendments to the Constitution that helped reassure Americans who feared a strong central government would infringe upon individual rights
What is the Bill of Rights?
According to this case, speech at school-sanctioned events, including watching a torch parade, can be limited.
What is Morse v. Frederick?
These are the components of what is known as the Brandenburg Test.
What is:
1. Advocacy directed at inciting or producing;
2. Imminent lawless action;
3. that will likely produce that action
In US v. O'Brien, the Supreme Court held that symbolic speech could be restricted under these criteria.
What is:
1. Does the government have a substantial interest in regulating the conduct in question; and
2. Is that interest unrelated to the suppression of speech?
This college has no admissions process, but state legislatures (and NOT the American people) send "students" there every four years.
What is the electoral college?
The last state to ratify the Constitution
What is Rhode Island?
When they are content-neutral, these common restrictions are an acceptable form of regulating speech, including parades and signs.
What are Time, Place and Manner restrictions?
In Tinker, the Supreme Court held that expressive conduct in schools can only be restricted if it does this
What is "materially and substantially interfere with the requirements of appropriate discipline in the operation of a school"?
Conduct can also be a free speech expression when the conduct in question has these two elements.
What is:
1. Was there an intent to convey a message with the conduct; and
2. Was it likely that the message was understood by those who viewed the conduct?