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MC 3080 Day Mod1-6

Case Briefs

CaseRule of Law
Schenck v. United States (1919) Under the First Amendment, the government may not restrict speech unless it posses a clear and present danger to society. - reasonable time, place and manner restrictions
Brandenburg v. Ohio (1969) Under the First and Fourteenth Amendments, a state may not regulate speech unless it constitutes incitement to immediate lawless action.
United States v. O'Brien (1968) Under the First Amendment, the government may regulate expressive conduct if it has compelling governmental interest that is unrelated to freedom of speech. - intermediate scrutiny
Texas v. Johnson (1989) Under the First and Fourteenth Amendments, the government may not regulate expression unless there is compelling governmental interest in doing so. - "symbolic speech"
United States v. Stevens (2010) Under the First and Fourteenth Amendments, depictions of animal cruelty may not, as a class, be prohibited.
Brown v. Entertainment Merchants Association (2011) Under the First Amendment, new categories of unprotected speech may not be prohibited.
Near v. Minnesota (1931) Under the First and Fourteenth Amendments, a state may not impose "prior restraint" against publications, except in very narrow circumstances.
New York Times Co. v. United States (1971) Under the First Amendments, the government, under the high burden of proof, may not impose a prior restraint of publication unless there is an immediate threat to national security.
United States v. The Progressive (1979) Under the First Amendment, the government may impose a prior restraint on a publication if it poses direct, immediate, and irreparable harm to national security/interest.
Smith v. The Daily Mail (1979) Under the First and Fourteenth Amendments, a state may not punish the media for information lawfully obtained unless there is compelling governmental interest.
Miami Herald v. Tornillo (1974) Under the First and Fourteenth Amendments, a state may not require a newspaper to publish that of which it doesn't want to publish.
Saxbe v. Washington Post (1976) Under the First Amendment, the press has no greater right of access to public facilities than the public in general.
Bartnicki v. Vopper (2001) Under the First Amendment, the government may not hold media liable for disclosing information from a source that intercepted it unlawfully.
Schenck v. United States (1919) Under the First Amendment, the government may not restrict speech unless it posses a clear and present danger to society. - reasonable time, place and manner restrictions
The New York Times v. Sullivan (1964) Under the First and Fourteenth Amendments, a public official cannot collect damages for a defamatory falsehood relating to his official conduct unless he proves the statement was made with actual malice.
Curtis Publishing Co. v. Butts (1967) Under the First and Fourteenth Amendments, a public figure cannot collect damages for defamatory falsehood relating to his public conduct unless he proves that the statement was made with actual malice.
Gertz v. Welch (1974) 1st and 14th A: in cases involving private plaintiffs involved in matters of public interest, a state may establish a standard of fault that it so chooses as long as it does not impose liability without a showing of fault amounting to at least negligence.
Philadelphia Newspapers v. Hepps (1986) Under the First and Fourteenth Amendments, in cases involving a matter of public interest the plaintiff had the burden of proving falsity.
Cox Broadcasting Corp. v. Cohn (1975) Under the First and Fourteenth Amendments, a state may not impose liability against media for publishing truthful information obtained form the public record.
The Florida Star v. B.J.F. (1989) Under the First and Fourteenth Amendments, state may not publish the media for publishing truthful information lawfully obtained unless it's to serve a compelling governmental interest of the highest order.
Time v. Hill (1967) Under the First and Fourteenth Amendments, a plaintiff involved in a matter of public interest must prove actual malice to collect damages in matters of false light and invasion of privacy.
Olivia N. v. National Broadcasting (1981) Under the First and Fourteenth Amendments, the media cannot be held liable unless they can prove incitement.
Rice v. Paladin Enterprises (1997) Under the First and Fourteenth Amendments, a state may impose liability against the media for speech that aids or abets crimes.
Hustler Magazine v. Falwell (1988) Under the First and Fourteenth Amendments, public figures and officials may not recover damages for intentional infliction of emotional distress by publication unless they prove a false statement was made with actual malice.
Snyder v. Phelps (2011) Under the First and Fourteenth Amendments, a state may not impose liability for intentional infliction of emotional distress where the speech is of public interest and conducted in a public forum.
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