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

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