Identify the case, what speech or conduct was under scrutiny, and the court‘s decision.
While information about specific court cases with regards to communications and media are available with a simple Google search, for the purposes of this course first read the full case and opinion online before uses other commentaries on the case.
There are free case law resources available at http://www.dmlp.org/legal-guide/guides-and-resources. Two options suggested at this site include:
- http://law.justia.com/
- http://openjurist.org/
Full detail court cases can be found by searching the case name or citation:
Another helpful site is: http://www.supremecourt.gov/oral_arguments/briefsource.aspx
Select one of the court cases which has set precedent for clarifying the First Amendment with regards to speech, media, and communication regulations:
Schenk v. U.S. (1919)
Rice v. Paladin Enterprises (1996)
Gitlow v. NY (1925)
Near v. Minnesota (1931)
NY Times v. U.S. (1971)
U.S. v. Progressive (1979)
U.S. v. Bell (2005)
Tinker v. Des Moines (1969)
Hazelwood v. Kuhlmeier (1988)
Fraser v. Bethel (1986)
Morse v. Frederick (2006)
Kincaid v. Gibson (2001)
Hosty v. Carter (2003)
Simon & Schuster v. NY Crime Victims Board (1991)
Chaplinsky v. NH (1942)
RAV v. St. Paul (1992)
Virginia v. Black (2003)
Using this case, discuss the following:
- Identify the case, what speech or conduct was under scrutiny, and the court‘s decision.
- Identify the factors used by the courts to evaluate claims.
- Interpret how the First Amendment is applied to this case. (Use Figure 2.1 from your text as a guide.)
- Using your case as an example, where do legal principles and ethics intersect?