Weeks
1 & 2
1 & 2
This is the year the Bill of Rights, including the First Amendment, was officially ratified after Virginia's approval.
What is 1791?
This category of unprotected speech is defined as words that, by their very utterance, inflict injury or tend to incite an immediate breach of the peace, as established in Chaplinsky v. New Hampshire (1942).
What are Fighting Words?
This is the current three-pronged national legal standard, established in a 1973 Supreme Court case, for determining if material is obscene and thus unprotected by the First Amendment.
What is the Miller Test?
This religious leader and founder of the Moral Majority sued Hustler for libel and emotional distress.
Who is Jerry Falwell?
This right to privacy, defined legally as the "right to be let alone," is a product of common law and is not explicitly stated in the U.S. Constitution.
What is privacy?
The Sedition Act of 1798 made it illegal to publish publications that were false, scandalous, or malicious against this new entity.
What is the new government (or the U.S. government)?
A law that regulates the time, place, and manner of speech but does not target the message or subject matter is considered this type of law.
What is Content-Neutral?
This constitutional doctrine is the preferred remedy for hateful views, utilizing "more speech, not silence," to denounce hateful ideologies.
What is the Counterspeech Doctrine (or Counterspeech)?
In the lower court, the jury rejected libel because the ad parody was not reasonably understood as factual, but they did uphold this claim.
What is Intentional Infliction of Emotional Distress (IIED)?
A claim for Intrusion upon seclusion focuses on this act, the gathering of information, and does not require publication to be actionable.
What is the Intrusion tort's focus on gathering information?
This 1777 Virginia document, later adopted in 1786, declared that "No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever" and was a driving force behind the First Amendment's religious clauses.
What is the Virginia Statute for Religious Freedom?
The standard of fault that a private person generally needs to prove in a libel case, defined as the failure to exercise reasonable care.
What is Negligence?
This phrase describes the First Amendment protection for students in public schools, stating they don't "shed their constitutional rights... at the schoolhouse gate".
What is the Tinker Standard (or Tinker v. Des Moines)?
The fabricated "interview" with Falwell about his "first time" was in the style of an ad for this Italian aperitif.
What is Campari?
For an Intentional Infliction of Emotional Distress (IIED) claim regarding a public figure, the plaintiff must prove a false statement of fact was made with this standard of fault.
What is actual malice?
This common law tradition, which is based on the idea of 'Stand by your decision,' dictates that lower courts are bound by the precedent set by higher courts in the same jurisdiction.
What is Stare Decisis?
This Supreme Court case established that restrictions on student speech in public schools are only permissible if the speech substantially disrupts the educational environment or invades the rights of others.
What is Tinker v. Des Moines (1969)?
The third prong of the Miller Test requires judging whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value, a criterion judged by a national standard.
What is Lack of Serious Value (or the serious value prong)?
The Supreme Court ruled that a public figure must prove this level of fault, knowingly false or with reckless disregard for the truth, to win an IIED claim over a parody.
What is actual malice?
Unlike the tort of Public Disclosure of Private Facts, which causes emotional harm, this right protects against the unauthorized commercial use of one's name or likeness as a property right.
What is the Right of Publicity (or Appropriation)?
The Supreme Court case Gitlow v. New York (1925) and the Due Process Clause of the Fourteenth Amendment helped establish this doctrine, making the First Amendment applicable to state and local governments.
What is the Incorporation Doctrine (or Incorporation)?
The high form of judicial review applied to content-based laws, which requires the government to show the law serves a compelling interest and is narrowly tailored.
What is Strict Scrutiny?
The Supreme Court distinguishes offensive, protected speech (as in R.A.V. v. St. Paul) from this type of unprotected speech, which is defined as a communication made with the intent to instill fear (as in Virginia v. Black).
What is a True Threat (or True Threats)?
The Supreme Court unanimously reversed the lower court's ruling for IIED, emphasizing that parody and satire of public figures are protected by this constitutional right.
What is the First Amendment? (Or freedom of speech)
This judicial test is used to balance publicity rights with First Amendment expressive interests by asking if a celebrity's likeness has been changed into a new form of expression.
What is the Transformation Test?