1.What is theBrandenburgtest?

2.Americans did not always have the right to publish criticisms of the president. The governor of New York secured an indictment of seditious libel against the colonial printer John Peter Zenger for publishing newspaper articles criticizing him.Seditionis overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order; if the statement is in writing or some other permanent form it isseditious libel (Pember and Calvert, 2010).

At that time in history and based on English common law, truth was not a considered a defense against accusations of seditious libel. The law of sedition had long held that the defendant was not to be permitted to argue their offending words against the government were true. In fact, the truth was considered to aggravate the offense, for it was more likely than falsehood to cause the aggrieved party to seek violent revenge and breach the peace.

Furthermore, the law gave juries only a minor role in sedition trials: jurors were to decide whether the accused had, indeed, printed the words. It was up to judges to decide whether they were illegal words (Nelson and Teeter, 1973). Philadelphia lawyer Alexander Hamilton urged the jurors to recognize truth as a defense for Zenger, and argued that juries should decide "the law"in this case, the libelousness of the wordsas well as the fact of printing. He urged the jurors to acquit Zenger, which they did.

What is the principle about freedom of expression for which this landmark case laid the groundwork?

3.Philosopher and educator Alexander Meiklejohn presented a set of ideas about an hierarchical approach to freedom of expression as a means to an end in the 1940s that considered political speech the most important to protect. That end is successful self-government, or as Meiklejohn put it, "the voting of wise decisions." He said freedom of speech and press are protected in the U.S. Constitution so that the U.S. system of democracy can function, and that is the only reason they are protected. Expression that relates to the self-governing process is protected absolutely by the First Amendment, Meiklejohn said, while other forms of expression must be balanced by the courts against other rights and values.

This notion of a marketplace of ideas was introduced in First Amendment case law in whose dissent toAbrams v United States?

4.What is the name of the broad SCOTUS decision that was used as the establishment of a general test for determining whether a device with copying or recording capabilities ran afoul of copyright law?

5. What is the citation for Reno v ACLU (1974) and what did the U.S. Supreme Court decide?