1 st Amendment /Speech What are some limits on speech? What are some types/examples of speech that can be punished/made illegal?

1 st Amendment/Speech a)Symbolic Speech b)Actual Speech c)TIME/PLACE/MANNER- issues to consider in deciding cases

Burning the Flag SHOULD AMERICANS BE ABLE TO BURN THE AMERICAN FLAG IN PROTEST? Reasons for ? Reasons against?

Symbolic Speech “Expressive Conduct” is sometimes protected Texas v Johnson- Joey Johnson burned an American Flag at the Republican National Convention in Houston and was arrested for damaging a “venerated object” (flag) The Supreme Court upheld his right to burn the flag and overruled a state and federal law. A constitutional amendment was discussed but never seriously acted upon. BUT- YOU CANNOT BURN A DRAFT CARD! (US v O Brian) Interfering with government process.

OBSCENITY What is “obscene”? The Court’s attempt at defining it: a)Using community standards, it appeals to prurient Interests b) Depicts, offensively, sexual conduct defined by state law c) Lacks serious artistic, political or scientific value What about “virtual child pornography”? (Ashcroft v Free Speech Coalition)

The first prohibited "any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture" that "is, or appears to be, of a minor engaging in sexually explicit conduct." The Court observed that this provision "captures a range of depictions, sometimes called 'virtual child pornography,' which include computer- generated images, as well as images produced by more traditional means." The second prohibited "any sexually explicit image that was advertised, promoted, presented, described, or distributed in such a manner that conveys the impression it depicts a minor engaging in sexually explicit conduct."photographfilmvideopicture computer-generated imageminor

HATE SPEECH Should racial slurs be considered “fighting words” and be prosecuted under the law? While schools may hold students accountable for words and symbolic speech, city ordinances and state laws have been struck down as vague (Rau v St Paul) States may increase penalties if it is a “hate crime”

SPEECH IN SCHOOLS Students have limited rights at school but…. Tinker v Des Moines gave students the right to wear a black arm band (not disruptive). Schools can limit wearing of clothes and apparel for safety/gang related reasons. Hazelwood v Kuhlmeier- school papers can be limited by administration acting as “editors”

Defamation QUESTION? What is needed in order for an average person to sue for libel or slander?

A) Speech must be false And B) Speech must cause damage If this is true, why can “National Enquirer” and “Star” do it typical writings?

Answer NY Times v Sullivan These are “public figures”. Supreme Court ruled that in order to be liable for libel, it must be proved that “actual malice” existed (ie the paper knew it to be false and printed it in an attempt to damage)

HUSTLER V FALWELL Jerry Falwell- Religious Minister Huslter Magazine- XX magazine published by Larry Flynt Issue: Hustler published a mock ad describing Falwell’s “first time” with his mother and goat in vulgar manner. Constitutional?

LEGAL QUESTIONS a)Is this ad “actual malice”? b)Is the ad protected by the First Amendment? HOW DO YOU THINK THE COURT RULED???

CAMPAIGN FINANCE IS MONEY SPEECH? Buckley v Valeo- “money is speech” Struck down a law limiting how much an individual can spend. It upheld limits on direct contributions to campaigns Citizens United case Overturned Buckley. Now there are no limits on direct contributions to campaigns, 527s. PACs from corporations. Citizens are not limited in giving to advocacy groups. Currently there are no mandates to report contributions.

$2,400 per Election to a Federal candidate -- Each primary, runoff, and general election counts as a separate election. $30,400 per calendar year to a national party committee -- applies separately to a party's national committee, and House and Senate campaign committee. $10,000 per calendar year to state, district & local party committees $5,000 per calendar year to state, district & local party committee Aggregate Total -- $115,500 per two-year election cycle as follows: $45,600 per two-year cycle to candidates $69,000 per two-year cycle to all national party committees and PACs