AP®︎ U.S. Government & Politics: Topic 3.3 Flashcards

First Amendment protection against government suppression of expression, especially political expression, subject to limited, defined restrictions

Nonverbal conduct intended to communicate an idea or belief, such as wearing an armband or burning a flag in protest

Government coercion requiring a person to affirm or communicate an official message, generally prohibited by the First Amendment

The Supreme Court held that public schools cannot compel students to salute the flag or recite the Pledge of Allegiance

The Supreme Court protected students' antiwar armbands as symbolic speech because they did not materially and substantially disrupt school

Public schools may restrict student expression when officials can reasonably forecast material and substantial disruption or interference with others' rights

The Supreme Court held that a public school may restrict student expression reasonably understood as encouraging illegal drug use

A speech restriction that depends on the subject or message being communicated and is generally presumptively unconstitutional

Government restriction that permits discussion of a subject but favors or suppresses a particular side of the debate

Content-neutral limits on when, where, or how expression occurs; in a traditional public forum, they generally must be narrowly tailored to a significant government interest and leave ample alternative channels

Government property historically open to public expression, such as streets, sidewalks, and parks, where speech receives strong protection

The Supreme Court upheld Schenck's wartime conviction for anti-draft leaflets, ruling that speech creating a clear and present danger could be restricted

Schenck's historical standard asking whether speech in its circumstances creates a clear and present danger of harms government may prevent

Government may punish advocacy of unlawful conduct only when it is directed to producing imminent lawless action and is likely to produce it

A serious communication of intent to commit unlawful violence against a person or group, rather than joking, exaggeration, or abstract advocacy

Personally abusive face-to-face words likely to provoke an immediate violent reaction, a narrowly interpreted category subject to regulation

A false statement of fact communicated about another person that harms that person's reputation

The Supreme Court required public officials suing over statements about public affairs to prove actual malice

Knowledge that a defamatory statement was false or reckless disregard for whether it was true, not ordinary hostility or ill will

A narrow category of sexually explicit expression that satisfies the Miller test and receives no First Amendment protection

Material is obscene if, under contemporary community standards, it appeals to a prurient interest; depicts legally defined sexual conduct in a patently offensive way; and, taken as a whole, lacks serious literary, artistic, political, or scientific value

Written defamation

Spoken defamation