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Government 6 test

AB
limits on assembly (to provide for public order and safety1. parade permit 2. cannot enter grounds of county jail without permission 3. banned demonstratios near courthouses if they interfere with trials 4. banned demonstrations near schools for the purpose of disrupting classes
restrictions of the press1. moving the trial to reduce pretrial publicity 2. limiting the number of reporters in the courtroom 3. placing controls on reporters conduct in the courtroom 4. isolating witnesses and jurors from the press 5. having the jury sequestered or held in custody, until the trial is over
Dejonge established 2 pricipalsthe right to assemble is as important as the rights of free speech and free press, and the due process clause established state and local government as well as the national government
smith actmade it a crime to stand up and proclaim a revolt agaisnt the government
the perferred postition doctorinefirst amendment right are most imporant- government needs to show why limiting those rights are absolutely necessary
pure speechmost common form of speech and most proctection recieved from government
symbolic speechexpressive conduct (using actions and symbols instead of words)
test that established limits on speechclear and present danger test, perferred position doctrine, and the bad tendancy doctrine
schneck v. united states establishedsomeone can not go shouting fire in a theater because its presenting danger
united states v. O'Brein established (burnt cards needed for vietnam war1. falls within the constitutional power to do so 2. narrowly drawn to further a substantial government interest that is unrelated to the suppression of free speech 3. leaves open ample alternative channels of communication (yes its in the interest of the government because the cards make it easier to track people down, doesnt limit his speech-he had other options to protest war, and he still can protest there just asking not to burn the card)



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