Landmark Supreme Court Cases on Freedom of Speech and Press, Quizzes of Mass Communication

Download Landmark Supreme Court Cases on Freedom of Speech and Press and more Quizzes Mass Communication in PDF only on Docsity! TERM 1 Schenk v. US DEFINITION 1 Reason: Charles Schenk arrested for conspiring to print leaflets that would possibly hinder the war draft.Dispute: Schenk claimed the Espionage Act violated 1st amendmentDecision: During war, Congress may forbid materials/speech aimed at hindering war effort.Significance: "Clear and present danger" test established. TERM 2 Whitney v. California DEFINITION 2 Reason: Charlotte Whitney (Communist Party) arrested for allegedly forming party that advocated overthrow of government.Dispute: Criminal Syndicalism Act violated 1st and 14th amendment.Decision: Act didn't violate- speech is not an absolute right.Significance: "clear and present danger" TERM 3 Dennis v. US DEFINITION 3 Reason: 11 Communist leaders arrested in violation of Smith ActDispute: Dennis held that Smith Act was unconstitutional.Decision: US wins- Smith Act avoids danger to country. Dennis and party goes to jail. TERM 4 Yates v. US DEFINITION 4 Reason: 14 Communist leaders arrested in violation of Smith Act.Dispute: Yates held that Smith Act was unconstitutional.Decision: Yates wins- advocating is different than acting on it- pays fine, but no jail time. TERM 5 Gitlow v. New York DEFINITION 5 Reason: Ben Gitlow was arrested for "Left Wing Manifesto," which promoted overthrowing of the government. Violated Criminal Anarchy Act.Dispute: Act violated "due process" of 14th amendmentDecision: New York winsSignificance: Supreme Court incorporated freedoms of speech and press. TERM 6 Near v. Minnesota DEFINITION 6 Reason: Near published a story in the Saturday Press that reported questionable conduct by local officials. Minnesota stopped publication based on claim he printed malicious content.Dispute: Minnesota violated 1st amendment's free press clause.Decision: Near winsSignificance: 1st time Supreme Court declared "prior restraints" on publication violated 1st amendment. TERM 7 Lovell v. Griffin DEFINITION 7 Reason: Lovell fined for distributing religious trade without permit. She was a Jehovah's witness.Dispute: Violated 1st amendment.Decision: City of Griffin was unconstitutional for fining Lovell. TERM 8 Thornhill v. Alabama DEFINITION 8 Reason: Thornhill arrested when peaceably picketing employer during an authorized strike.Dispute: Alabama violated 1st amendment.Decision: Thornhill wins- free speech protects labor disputes.Significance: Added peaceful labor picketing to area protected by free speech clause. TERM 9 Grosjean v. American Press Company DEFINITION 9 Reason: Louisiana imposed a tax on advertising sales on large newspapers with circulations larger than 20,000.Dispute: Grosjean contends that the tax violated the 1st amendment.Decision: Tax is unconstitutional-violates freedom of press. TERM 10 Brandenburg v. Ohio DEFINITION 10 Reason: Brandenburg arrested for speaking out against the integration of schools at a KKK rally-televised.Dispute: Arrest violated 1st amendment-free speech.Decision: Brandenburg wins- "clear and present danger" test found it to be too broad to be dangerous to the government-he was only stating it.Significance: Protects speech unless it encourages immediate violence.