US Political Process: Elections, Incumbency, and Constitutional Law
Classified in Social sciences
Written on in
English with a size of 3.72 KB
Limitations on Free Speech
Sedition Act of 1918 and the Smith Act of 1940
The Sedition Act of 1918 was eventually superseded by the Smith Act of 1940.
Under these legal frameworks, citizens retain the right to criticize the government, but they cannot threaten to harm the government in a speech or advocate for its violent overthrow.
Obscenity and Offensive Speech: Miller v. California (1973)
The Supreme Court established a three-pronged test for determining obscenity, based on community standards:
- Is the purpose of the material "prurient" (appealing to morbid or lascivious interests)? (Based on community standards)
- Is the material patently offensive to most people? (Based on community standards)
- Does the material lack serious artistic, literary, political,