Freedom of Speech, Religion, and Press

 Understand how the Supreme Court balances competing rights in deciding cases involving freedom of speech, religion, the press, and assembly  Apply concepts to sample problems

 Presumption in favor of free speech  Limits:  (1) does not protect speech that poses a “clear and present danger” of some “evil” (national security, breach of peace, sedition)  (2) “fighting words”—statutes must be narrowly drawn  (3)libel and slander  (4) obscenity (“indecent” protected for adults)  (5) time, place and manner

 Two parts: (1) no establishment of religion; (2) no interference with free exercise  Establishment—Lemon test  Free Exercise—belief is unlimited; action is not (can’t excuse criminal behavior under the guise of religious belief)  “Strict scrutiny” test—compelling state interest and least intrusive means  Examples?  Polygamy; human sacrifice; drug use (“centrality” and “sincerity of belief”)

 Key concepts:  Prior restraint not permitted except cases of national security  Coverage of trials—some limits permitted, but no “gag orders”  Shield laws—protection of sources  Internet—treated like print media rather than broadcast (greater protection)  Advertising—”commercial” speech less protected than “pure” speech