Background Facts
Who are the Appellant and Appellee?
Appellant: William DeNolf
Appellee: State of Olympus
What is the First Amendment?
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances"
What case held "protection against self-incrimination applied specifically to compelled communications or testimony"?
Schmerber v. California
What part of the Fifth Amendment are we concerned with?
Self-Incrimination
Most highly rated Halloween movies (many answers possible)
Nightmare Before Christmas, Halloween, Ghostbusters, the Exorcist
The app DeNolf and Bronner communicated through was called what (or what does it resemble)?
ChatApp (or Snapchat)
Denolf argues that his First Amendment applies to what part of his case?
His ChatApp messages
What was the test established in Brandenburg v. Ohio
Imminent Lawless Action
What kind of communication is testimonial?
How many colors of M&Ms are there in a normal bag?
(Double or nothing if you can name them in 10 sec)
6
Red, orange, yellow, green blue, brown
DAILY DOUBLE
There is physical evidence and/or witnesses that state DeNolf physically abused Bronner
True or False
False
The state argues that it is regulating _____ instead of speech?
Conduct
In Virginia v. Black, why did the court uphold the cross-burning statute?
Govt can ban cross-burning with the intent to intimidate
What kind of communication is non-testimonial?
Who was the first First Lady to decorate the White House to celebrate Halloween?
Mamie Eisenhower
What is the main reason DeNolf purchased an X-Phone
Not hackable or otherwise accessible other than by password or biometrics
Can Free speech be regulated just because someone finds it upsetting?
No
How was the Fifth Amendment applied in the reasoning for U.S. v. Hubbell?
5 AR applies if the govt did not have prior, independent knowledge of information in documents that would incriminate you
Which kind of communication does the Fifth Amendment protect you from?
Testimonial
What was the first horror film to be nominated for Best Picture at the Academy Awards?
The Exorcist
What did the police charge DeNolf with?
Involuntary Manslaughter
How does the state argue no 1 AR violation has been made?
First, the state has the authority to enact criminal laws that protect human life.
Second, the manslaughter statute at issue does further this important governmental interest.
Finally, because the statute in question is unrelated to free expression, any restriction is indeed incidental.
What are the requirements to implicate someone against the Fifth Amendment? (Name one)
(Hint: Fisher v. U.S.)
An individual must be
(1) compelled by the government,
(2) to make a testimonial communication,
(3) that is incriminating
What is the most contentious aspect of the 5 AR?
Difference between testimonial and non-testimonial communication
What ghost did British Prime Minister Winston Churchill reportedly see in the White House?
Abraham Lincoln