The school
Classified in Law & Jurisprudence
Written at on English with a size of 11.33 KB.
Symbolic speech
Protected
Tinker - kids wore armbands to school peacefully protesting the Vietnam war. Protected because it didn't interfere with educational processes
Johnson - flag burning was protected because there was a clear political message that fell into the category of expressive conduct.
RAV - it was too broad to ban burning of the stake when taking into consideration the circumstances
Not protected
O’Brian - burning the draft card was not protected because it was government property
Black - burning the cross was not okay because it caused imminent danger to the people around
Standard for political speech
Schenck v. United States
Clear and present danger doctrine
Government may only punish speech if it has a danger of bringing about conditions that the government has the authority to protect
Imminent Lawless Action Standard
Brandenburg v. Ohio - televised KKK demonstration
Court held that the government can not prevent speech if it likely to incite or produce imminent lawless action (start a riot)
Actual malice/NYT v. Sullivan
Defamation: injuring someone’s reputation through false statements (slander or libel); tort - civil penalties
New York Times v. Sullivan
Facts: Sullivan sued over ads attacking officials in the South for police responses to civil rights demonstrations
Created the “actual malice” test
A public official may only collect damages for a falsehood relating to his/her official conduct if he/she proves the statement was made with actual malice (meaning knowledge it was false or with reckless disregard for the truth)
Public forum
Public forum: relates to the right to assemble and express; given broad protections
Public forum includes streets, parks, government opened properties for public use
Legality of activities in public forum determined on basis of “time, place, and manner”
NOT public forum
Jail facility (Adderly v. FL)
Private shopping mall
Places do not lose private character just because public is allowed
Airports
Krishna: ruled no
Court never specified (could argue yes in light of travel ban protests)
IS a public forum
Outside government buildings
Parks, city centers
Sidewalks
Outside abortion clinics the buffer zone is not violative of public forum