JOUR303 USC QUESTIONS AND ANSWERS
4 SOURCES OF LAW
1. Legislative or Statutory (made by the legislative body)
2. Civil (made by a court case; built up in court through decisions)
3. Constitutional Law (made by state or federal constitution)
4. Regulatory Law (FCC, Food & Drug Administration, many of these at different levels)
Criminal law (must come from a statutory law to be a criminal statute)
3 things that make is constitutional:
-the act, the state of mind, and it must specify the penalty in advance
2 types:
misdemeanor or felony
indictment
to write, compose, set down in writing
plea bargain
process whereby criminal defendant and prosecutor reach a mutually satisfactory
agreement of a criminal case, subject to court approval
SCHENCK vs. US 1919
•Joseph Smith travelled west to spread Mormonism; killed in Missouri and Brigham
Young took disciples to Utah
•Early 1900's; conflict building between Allies & Triple Entente, Archduke Ferdinand
assassinated; War is impacting us economically because of trade; we get involved and
Germany sinks our U-boats
-US joins the Entente, get a DRAFT (people must abide by the draft law, and to
convince people we need propaganda
-Espionage Act: makes it a federal crime to advocate speaking out against the war
effort; This is the first case that deals with a violation of the 1st Amendment, Espionage
Act
Schenck vs. US facts to know
-Schenck is the secretary of the socialist part
-Had the idea to send the fliers out, turned to Schenck to create & distribute fliers
because he was secretary
-Took the fliers and mailed them to all men who had been drafted but had not yet
reported to training (to encourage them not to go)
-charged with conspiracy to violate the espionage act, conspiracy to violate mail laws,
actually mailing the fliers
Why Shenck?
The first time the 1st Amendment is challenged in the Supreme Court; if the 1st
Amendment protects anything, it protects POLITICAL SPEECH
Alteration to 1st Amendment after Shenck case..
Congress shall make no prior restraint law abridging the freedom of speech or of the
press
1798 Alien & Sedition Act
, cannot defame/criticize the government
Significance: put people in jail but did not stop them from speaking; it is not prior
restraint
8 Ways to Censor/Restrain Speech:
1. Censor (must go through a board; like FCC)
2. Law (forbid you from speaking)
3. Court Order
4. Force
5. License (can't speak without a license)
6. Tax
7. Government owns the Media
8. Government owns all Raw Materials
Abram vs. US
Defendants: Five Russian Immigrants (rebels, revolutionists, etc.)
• Workers in Munitions factories, they classified the gov't as capitalistic
• Met in NY to create/distribute fliers to tell Munitions Workers to go on strike
• Abrams is charged with Espionage because he is "helping the enemy in wartime"
BUT after doing the Criminal Act Test:
1. Yes, he circulated fliers of protesting gov't
2. State of Mind he did not complete Espionage because he is not trying to
protect/support the enemy (aka GERMANY), we are not at war with Russia
3. Penalty
GITLOW vs. New York
-Benjamin Gitlow: Left Wing advocate, attends a conference that adopts a "Left Wing
Manifesto" responsible for printing "The Revolutionary Age" - Arrested for criminal
anarchy for encouraging revolution to stand up against organized government
-Gitlow appeals to the Supreme Court (even though criminal anarchy is a state law)
Gitlow appeals...
first to the 14th amendment.
-cannot deny people of life, liberty, and property
Gitlow's argument
The Freedom of Speech is a Fundamental Liberty
-The significance: 1925 the protections of the 1st Amendment begin to merge with State
Law.
BRANDENBURG vs. OHIO, 1969
• Brandenburg is a member of the KKK
• Tells a TV reporter to attend a KKK rally at a farm, records Brandenburg leading the
meeting and announce that KKK is going to march on Congress because they feel
oppression
• Arrested and charged under Ohio Criminal Syndicalism Act (assembled to
teach/advocate criminal syndicalism)
• 1st Amendment: gov't is violating right to peaceably assemble
Which of the following is not a law?
treaties
Common or judge made laws consists of which of the following?
4 SOURCES OF LAW
1. Legislative or Statutory (made by the legislative body)
2. Civil (made by a court case; built up in court through decisions)
3. Constitutional Law (made by state or federal constitution)
4. Regulatory Law (FCC, Food & Drug Administration, many of these at different levels)
Criminal law (must come from a statutory law to be a criminal statute)
3 things that make is constitutional:
-the act, the state of mind, and it must specify the penalty in advance
2 types:
misdemeanor or felony
indictment
to write, compose, set down in writing
plea bargain
process whereby criminal defendant and prosecutor reach a mutually satisfactory
agreement of a criminal case, subject to court approval
SCHENCK vs. US 1919
•Joseph Smith travelled west to spread Mormonism; killed in Missouri and Brigham
Young took disciples to Utah
•Early 1900's; conflict building between Allies & Triple Entente, Archduke Ferdinand
assassinated; War is impacting us economically because of trade; we get involved and
Germany sinks our U-boats
-US joins the Entente, get a DRAFT (people must abide by the draft law, and to
convince people we need propaganda
-Espionage Act: makes it a federal crime to advocate speaking out against the war
effort; This is the first case that deals with a violation of the 1st Amendment, Espionage
Act
Schenck vs. US facts to know
-Schenck is the secretary of the socialist part
-Had the idea to send the fliers out, turned to Schenck to create & distribute fliers
because he was secretary
-Took the fliers and mailed them to all men who had been drafted but had not yet
reported to training (to encourage them not to go)
-charged with conspiracy to violate the espionage act, conspiracy to violate mail laws,
actually mailing the fliers
Why Shenck?
The first time the 1st Amendment is challenged in the Supreme Court; if the 1st
Amendment protects anything, it protects POLITICAL SPEECH
Alteration to 1st Amendment after Shenck case..
Congress shall make no prior restraint law abridging the freedom of speech or of the
press
1798 Alien & Sedition Act
, cannot defame/criticize the government
Significance: put people in jail but did not stop them from speaking; it is not prior
restraint
8 Ways to Censor/Restrain Speech:
1. Censor (must go through a board; like FCC)
2. Law (forbid you from speaking)
3. Court Order
4. Force
5. License (can't speak without a license)
6. Tax
7. Government owns the Media
8. Government owns all Raw Materials
Abram vs. US
Defendants: Five Russian Immigrants (rebels, revolutionists, etc.)
• Workers in Munitions factories, they classified the gov't as capitalistic
• Met in NY to create/distribute fliers to tell Munitions Workers to go on strike
• Abrams is charged with Espionage because he is "helping the enemy in wartime"
BUT after doing the Criminal Act Test:
1. Yes, he circulated fliers of protesting gov't
2. State of Mind he did not complete Espionage because he is not trying to
protect/support the enemy (aka GERMANY), we are not at war with Russia
3. Penalty
GITLOW vs. New York
-Benjamin Gitlow: Left Wing advocate, attends a conference that adopts a "Left Wing
Manifesto" responsible for printing "The Revolutionary Age" - Arrested for criminal
anarchy for encouraging revolution to stand up against organized government
-Gitlow appeals to the Supreme Court (even though criminal anarchy is a state law)
Gitlow appeals...
first to the 14th amendment.
-cannot deny people of life, liberty, and property
Gitlow's argument
The Freedom of Speech is a Fundamental Liberty
-The significance: 1925 the protections of the 1st Amendment begin to merge with State
Law.
BRANDENBURG vs. OHIO, 1969
• Brandenburg is a member of the KKK
• Tells a TV reporter to attend a KKK rally at a farm, records Brandenburg leading the
meeting and announce that KKK is going to march on Congress because they feel
oppression
• Arrested and charged under Ohio Criminal Syndicalism Act (assembled to
teach/advocate criminal syndicalism)
• 1st Amendment: gov't is violating right to peaceably assemble
Which of the following is not a law?
treaties
Common or judge made laws consists of which of the following?
