First Amendment: Freedom of Speech - AP US Government and Politics
- Identify a case that dealt with hate speech and the First Amendment.
- R.A.V. v. City of St. Paul (1992). Court struck down ordinance banning bias-motivated symbols as content-based.
- Which Supreme Court case addressed prior restraint in 1971?
- New York Times Co. v. United States. Pentagon Papers case rejected government censorship of Vietnam War documents.
- What is the 'compelling interest' standard?
- Government must show a high level of interest in regulation. Highest level of constitutional scrutiny requiring essential government purpose.
- What is the 'Miller test'?
- Test for determining what constitutes obscene material. Three-part standard examining appeal, patently offensive nature, and value.
- Define 'public forum' in the context of free speech.
- Government property open for public expression. Traditional venues like parks and sidewalks have strongest speech protections.
- What does 'prior restraint' mean in legal terms?
- Censorship imposed before speech is made public. Government censorship before publication violates presumption against restraint.
- Identify a case that addressed fighting words.
- Chaplinsky v. New Hampshire (1942). Established that insulting words directed at individuals lack protection.
- Which case established the 'Miller test'?
- Miller v. California (1973). Created current three-prong test replacing earlier Roth standard for obscenity.
- What does the First Amendment protect?
- Freedom of speech, press, religion, assembly, petition. These five fundamental rights form the core of First Amendment protections.
- What is the significance of Texas v. Johnson (1989)?
- Protected flag burning as symbolic speech. Established flag desecration as protected political expression despite controversy.
- What is 'viewpoint discrimination'?
- Government action targeting specific viewpoints. Targeting particular perspectives within a topic violates First Amendment.
- Which case established the 'compelling interest' standard?
- Sherbert v. Verner (1963). Required compelling state interest to burden religious exercise rights.
- Identify a case that dealt with content neutrality.
- Ward v. Rock Against Racism (1989). Upheld noise regulations for concerts as content-neutral time/place/manner restrictions.
- What is 'incitement'?
- Speech encouraging illegal action. Speech directed at producing imminent lawless action receives no protection.
- What is a 'limited public forum'?
- Public property opened for specific expressive activities. Government designates certain spaces for expressive use with some restrictions.
- Which case established the 'Lemon test'?
- Lemon v. Kurtzman (1971). Created standard for evaluating government aid to religious institutions.
- What is 'prior restraint' in the context of free speech?
- Government action to prohibit speech before it occurs. Preventing publication is generally unconstitutional except in extreme circumstances.
- Identify a case that addressed incitement.
- Brandenburg v. Ohio (1969). Replaced clear and present danger with imminent lawless action test.
- Which case protected symbolic speech as a form of free speech?
- Tinker v. Des Moines (1969). Students wearing black armbands to protest Vietnam War were protected.
- What does the term 'fighting words' refer to?
- Words that incite immediate violence. Personal insults likely to provoke immediate violent response are unprotected.
- Identify a case that addressed defamation and free speech.
- New York Times Co. v. Sullivan (1964). Required actual malice standard for public figures in defamation cases.
- What are the two types of defamation?
- Libel and slander. Libel is written defamation; slander is spoken defamation.
- Identify one form of speech not protected by the First Amendment.
- Obscenity. Material that appeals to prurient interest and lacks serious value is unprotected.
- What is 'hate speech'?
- Speech that demeans based on race, religion, or other traits. Offensive speech targeting identity groups but still generally protected.
- Is commercial speech protected by the First Amendment?
- Yes, but it is subject to greater regulation. Receives less protection than political speech due to economic motivation.
- What does 'symbolic speech' refer to?
- Nonverbal actions expressing ideas or beliefs. Actions like flag burning or armbands can convey protected messages.
- Define 'commercial speech'.
- Speech that proposes a commercial transaction. Advertising and marketing communications receive intermediate constitutional protection.
- What case addressed free speech in schools?
- Hazelwood School District v. Kuhlmeier (1988). Allowed schools to censor student newspapers for pedagogical concerns.
- What is the 'clear and present danger' test?
- Determines limits of free speech if it incites danger. Established by Justice Holmes to balance free speech with public safety concerns.
- What is 'content neutrality' in speech regulation?
- Laws that do not favor or disfavor any speech content. Regulations must focus on conduct, not the message being conveyed.
- What is the significance of Citizens United v. FEC (2010)?
- Allowed corporate funding of political broadcasts. Ruled corporate political spending is protected speech, not regulable conduct.
- What is the 'Lemon test' used for?
- To determine violations of the Establishment Clause. Three-part test examining purpose, effect, and entanglement with religion.
- Under what conditions can 'time, place, and manner' restrictions be applied?
- Must be content-neutral, narrowly tailored, serve significant interest. Requirements ensure regulations don't target specific messages or viewpoints.
- Is hate speech protected under the First Amendment?
- Yes, unless it incites violence or constitutes a true threat. First Amendment protects offensive speech unless it creates imminent danger.
- Are fighting words protected under the First Amendment?
- No, they are not protected. Exception to First Amendment for words that tend to incite breach of peace.
- Which landmark case established the 'clear and present danger' test?
- Schenck v. United States (1919). Justice Holmes created this standard in response to wartime anti-draft pamphlets.
- Is defamation protected by the First Amendment?
- No, it is not protected. False statements harming reputation receive no constitutional protection.
- Is incitement protected under the First Amendment?
- No, it is not protected. Speech advocating immediate illegal action falls outside First Amendment protection.
- What is the 'time, place, and manner' restriction?
- Government can regulate speech based on time, place, manner. Allows reasonable limits on when, where, and how speech occurs.
- What is 'defamation'?
- False statements damaging a person's reputation. Written or spoken lies that harm someone's reputation are unprotected.