SPEA-V184 Exam 2 || Well Elaborated Answers 2024/25

|clear and present danger test - Correct Answer -law should not punish speech unless there was a clear and present danger of producing harmful actions -"the question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree." imminent lawless action test (Brandenburg) - Correct Answer -rule used by the courts that restricts speech only if it is aimed at producing or is likely to produce imminent lawless action -"The constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is 1. directed to inciting or producing imminent lawless action 2. is likely to incite or produce such action" New York Times v. Sullivan (Actual malice test) - Correct Answer -"prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with actual malice - that is, with the knowledge that it was false or with reckless disregard of whether it was false or not." O'Brien Test - Correct Answer "when a regulation prohibits conduct that combines "speech" and "non-speech" elements, "a sufficiently important governmental interest in regulating the non-speech element can justify incidental limitations on First Amendment freedoms" the regulation must: 1. be within the constitutional power of the government to enact 2. further an important or substantial government interest 3. that interest must be unrelated to the suppression of speech 4. prohibit no more speech than is essential to further that interest strict scrutiny test - Correct Answer -a test applied by the court when a classification is based on race; the government must show that there is a compelling reason for the law and no other less restrictive way to meet the interest - form judicial review courts use to determine the constitutionality of certain laws Mathews v. Eldridge Balancing test - Correct Answer -Individual Interest: The interests of the individual in retaining their property and the injury threatened by the official action -Risk of erroneous deprivation: the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards -Governmental Interest: The government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail 401/403 Balancing test (Haris v Kubota) - Correct Answer -Rule 401. test for relevant evidence primary tabs: evidence is relevant if: (a) it has any tendency to make a fact m