First Amendment Tests

The hierarchy of protected speech: politically and socially valuable expression, commercial speech, obscenity, false advertising and fighting words.

Bad Tendency Test

The Clear and Present Danger Test


Schenck v. United States, 1919

Advocacy of Abstract Doctrine v. Incitement Test

Yates v. United States, 1957
Brandenburg v. Ohio, 1969

How has protection for speech evolved in this line of tests? Identify and discuss the criteria these tests use for determining which speech is protected and which is not.

Rice v. Paladin Enterprises, No. 962412P - 11/10/97
(The "Hit Man Case")

Know the following:

• What is the central legal question?

• What is the answer to that question?

• Which First Amendment theory would best defend the publisher?

• Which method of judicial interpretation was used by the Fourth Circuit?

• When faced with a precedent, which option did the Fourth Circuit choose? Why?

• What were the grounds for appealing to the Fourth Circuit?

• Was the Fourth Circuit's ruling in this case correct? Why?

• What does the U.S. Supreme Court's refusal to hear the case mean?

• Does this case have ramifications for other media? Why?

Return to Media Law Home Page