JOUR303 Midterm Guide Exam Questions And Answer

JOUR303 Midterm Guide Exam Questions And Answer 4-Step Process for Determining What a Law Is 1. Read the law 2. Look at the precedent 3. Look at the lawmakers 4. Look at the history of the times If the 1st Amendment protects anything it protects ________________. political speech 6 Rationales for Abridging the 1st Amendment 1. "Yes, but..." 2. "No, not protected at all" (i.e. criminal speech, pornographic speech) 3. "Somewhat" (i.e. commercial speech, broadcast speech) 4. Time/Place/Manner (a. Content neutral, b. Reasonable, c. Cannot ban) 5. Expressive Conduct 6. Secondary/Derivative Schenck v. United States (1919) United States Supreme Court decision which ruled that government can limit free speech if the speech provokes a "clear and present danger" of substantive evils. Abrams v. United States (1919) United States Supreme Court decision which upheld the Espionage Act, making it illegal to curtail war production or the progress of war. Gitlow v. New York (1925) The U.S. Supreme Court ruled that the U.S. Constitution's First Amendment protection of free speech applies also to state governments. Brandenburg v. Ohio (1969) The Supreme Court established that speech advocating illegal conduct is protected under the First Amendment unless the speech is likely to incite "imminent lawless action." Citizens United v. Federal Election Commission (2010) The U.S. Supreme Court ruled that laws that prevented corporations and unions from using their general treasury funds for independent "electioneering communications" (political advertising) violated the First Amendment's guarantee of freedom of speech. New York Times & Washington Post v United States (1971) The Supreme Court held that the government must meet a heavy burden of justification before it can restrain the press from exercising its First Amendment right to publish. Valentine v. Chrestensen (1942) - The Supreme Court ruled unanimously that commercial speech is not protected by the First Amendment. - This case was what decided that commercial speech would not be protected by the 1st Amendment Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) The Supreme Court established a four-part test for determining when commercial speech can be regulated without violating the Constitution. What are the 4 sources from which law originates?