Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Editing Constitutional Law Maggs/4th ed. Outline II
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision | Your text | ||
Line 359: | Line 359: | ||
=====The test for Incitement of Crime===== | =====The test for Incitement of Crime===== | ||
is (1) where such advocacy is directed to inciting or producing imminent lawless action, and (2) is likely to incite or product such action. (A threat of vengeance in the future is not enough.)The mere abstract teaching of a need to resort force or violence is upheld as protected by the First Amendment because this activity is far different from preparing a group for violent action and encouraging it to commit that action. A statute that doesn’t distinguish between these two types of speech is unconstitutional because it is over-inclusive. | is (1) where such advocacy is directed to inciting or producing imminent lawless action, and (2) is likely to incite or product such action. (A threat of vengeance in the future is not enough.)The mere abstract teaching of a need to resort force or violence is upheld as protected by the First Amendment because this activity is far different from preparing a group for violent action and encouraging it to commit that action. A statute that doesn’t distinguish between these two types of speech is unconstitutional because it is over-inclusive. | ||
=====Defamation: | =====Defamation: New York Times Co. v. Sullivan (1964)===== | ||
A public official political candidate, or public figure may not recover in tort for a defamatory statement relating to his official conduct or a matter of public concern unless the statement was both false and made with “actual malice.”A private figure may not recover regarding a matter of public concern unless that statement was both false and made knowingly or at least negligently.The New Yor Times accused Sullivan of a wave of terror he was leading in his police force. It is undisputed that several of the allegations were either false or exaggerated and therefore NYT was sued. Since bother false and defamatory statements to public officials is individual protected, the 1<sup>st</sup> amendment also protects the combination of the two. Therefore, actual malice is required to particularize this regulation. Actual malice occurs when the defendant knew that the statement was false or acted with reckless disregard of the truth. | A public official political candidate, or public figure may not recover in tort for a defamatory statement relating to his official conduct or a matter of public concern unless the statement was both false and made with “actual malice.”A private figure may not recover regarding a matter of public concern unless that statement was both false and made knowingly or at least negligently.The New Yor Times accused Sullivan of a wave of terror he was leading in his police force. It is undisputed that several of the allegations were either false or exaggerated and therefore NYT was sued. Since bother false and defamatory statements to public officials is individual protected, the 1<sup>st</sup> amendment also protects the combination of the two. Therefore, actual malice is required to particularize this regulation. Actual malice occurs when the defendant knew that the statement was false or acted with reckless disregard of the truth. | ||
=====Defamation: Snyder v. Phelps (2011)===== | =====Defamation: Snyder v. Phelps (2011)===== | ||