Civil Liberties & Public Policy Chapter 4. Free Exercise Clause & Freedom of Expression Civil liberties are essential to a democracy. Civil liberties.

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Presentation transcript:

Civil Liberties & Public Policy Chapter 4

Free Exercise Clause & Freedom of Expression Civil liberties are essential to a democracy. Civil liberties are based on the Bill of Rights…some disputes may end up in court. Barrone v Baltimore: The court restrained only national government, not states/cities. Gitlow v New York (1925)- Freedom of speech/press “were fundamental personal rights/liberties protected by the Due Process Clause. What is a conscientious objector? Religious Freedom Restoration Act of Permissible v impermissible speech? How do we know what is obscene? Hate speech? How has the Supreme Court viewed this/ruled?

Prior Restraint, Free speech and public order When does the U.S. government have the Constitutional right to censor something? Identify what the Pentagon Papers were and how this ties into freedom of expression. Identify who Senator Joseph McCarthy was (HUAC)How did he and others use the Smith Act of 1940 (violent overthrow of U.S. Govt.), Schenk v U.S (1917) (clear and present danger and who determines this). Dennis v U.S. (1951). How did the Supreme Ct. change its views on these issues during the 1960s-1970s?

Obscenity Roth v U.S. (1957): Obscenity is not protected free speech. Standards change over time (1950’s v MTV generation). Miller v California (1971): Warren Burger (CJ) view of what’s obscene…applying contemporary standards. How are young people protected from obscenities? Communication Decency Act (1996)

Libel and Slander Libel- The publication of false statements that are malicious and damage a person’s reputation (written defamation). Slander- spoken defamation N.Y.T. v Sullivan (1964)- Statements are libelous only if made with malice and reckless disregard for the truth. Difficult for public figures to win. Easier for private individuals to win. Tinker v Des Moines Texas v Johnson Symbolic Speech.

Commercial Speech Federal Trade Commission (FTC)- Regulates content on Radio & Television…”truth in advertising”. Federal Communications Commission (FCC)regulates the airwaves. Doesn’t apply to print media. George Carlin: “Filthy words”