Please enable JavaScript.
Coggle requires JavaScript to display documents.
Unprotected speech (Defamation (Private figures on matters of public…
Unprotected speech
Defamation
Public figures
Gertz v. Welch
In a magazine, a Society accused Gertz of being a "Leninist" and a "Communist-fronter" because he chose to represent clients who were suing a law enforcement officer
-
Public figure test: the plaintiff must have (1) general fame or notoriety and (2) voluntarily injected himself or been drawn into particular controversy to influence the resolution of the issues involved
-
Public officials
NYT v. Sullivan
-
There must be clear and convincing evidence that (1) the defamatory statements are false and (2) the defendant acted with actual malice (subjective knowledge of falsity or reckless disregard for the truth)
-
-
Fighting words
Narrowing: Cohen v. CA
A 19-year-old department store worker expressed his opposition to the Vietnam War by wearing a jacket emblazoned with "FUCK THE DRAFT. STOP THE WAR"
Fighting words must be limited to (1) speech directed at a specific person and (2) likely to product a violent response
The jacket was not directed toward anyone and there was no evidence that people in substantial numbers would be provoked into some kind of physical action by the jacket
-
-
Clear and present danger
Brandenburg v. OH
(1) speech can be prohibited if it is directed at inciting or producing imminent lawless action and (2) it is likely to incite or produce such action
Brandenburg, a leader in the Ku Klux Klan, made a speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law
True threats
Virginia v. Black
Three people were convicted of intimidation because VA used cross burning as prima facie evidence of intimidation
True threats are intimidating speech in which a speaker directs a threat to a person or group of persons with intent of placing the victim in fear of bodily harm or death
-