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KHS Court Cases

Supreme Court Cases

QuestionAnswer
Schenck v. US (1919) Free speech could be limited if its exercise presented a "clear and present danger"
Gitlow v. New York (1925) Incorporated First Amendment free speech; states have the pwoer to restrict speech or publication if they will result in violence
Brandenburg v. Ohio (1969) Speech can only be limited if (1) directed at inciting or producing imminent lawless action and (2) is likely to incite or produce such action
Tinker v. DesMoines (1969) wearing armbands in a school is akin to pure speech (symbolic speech) and therefore protected by the First Amendment even in schools
Texas v. Johnson (1989) Desecration of the American flag is an expression protected under the First Amendment. The gov. may not prohibit hte expression of an idea simply because society finds it disagreeable.
NY Times v. US (1971) Nixon's attempts to prevent the publication of the Pentagon Papers in the NY Times was unconstitutional because it would not cause an inevitable, direct, and immediate event imperiling the safety of American forces
Buckley v. Valeo (1976) Restrictions on individual contributions to political campaigns did not violate the First Amendment, but limitations on independent expenditures and total campaign expenditures does
US v. Nixon (1974) The President does not have an absolute, unqualified presidential privilege to keep all communications confidential
Miller v. California (1972) Obscene materials are not under the First Amendment protection. Test for obscenity: (a) prurient interest (b) depicts or describes sezual conduct specifically defined by state law and (c) lacks literary, artistic, political, or science value
Created by: afailoni