Freedom of Assembly and Press

Freedom of Assembly Right to assemble (gather and protest) can be regulated based ―time, place, and manner of protest Nazi Party v. Village of Skokie 1977

Freedom of the Press Government censorship that prevent print communications from reaching the public in the first place. Near v. Minnesota (1931) —incorporated the free press component of the 1stAmendment onto the states –Said that ―prior restraint was unconstitutional Although, consequences can be administer after publication (if libelous for example) –Most media stories (print) cannot be censored prior to publication –Exceptions can be made for national security matters New York Times Co. v. United States, 1971 –The Nixon administration sought to prevent the New York Times from publishing excerpts from a top-secret document on the history of the United States involvement in the Vietnam War from 1945 to 1971 (The Pentagon Papers). –The government tried to use the ―national security‖ exception that had been suggested in the Near decision. The Supreme Court struck down the injunctions.

FCC & Media Censorship is more likely with broadcast media RATHER than print media The Federal Communications Commission (FCC)— Independent Regulatory Agency that oversees free- to-air broadcasting (both television and radio). –Regulation of Obscene, Indecent, and Profane speech and visuals –Satellite, cable television, and Internet outlets are not subject to content-based FCC regulation 2004 Super Bowl XXXVIII halftime show controversy ―Nipplegate—FCC deemed it indecent and offensive –$550,000 fine levied by the FCC against CBS

Prior Restraint of School Newspapers Hazelwood v. Kuhlmeier (1988) –The Supreme Court ruled that school newspapers have a lower degree of 1stamendment protection than private newspapers. –School could censor student speech deemed inconsistent with its basic educational mission 2009: controversies at Stevenson High School and Naperville high school over stories about ―students hooking up

Schools & Book Censorship Should any book be banned from school? Most frequently, books are challenged because they contain profanity or violence, sex or sex education, homosexuality, witchcraft and the occult, ―secular humanism or ―new age‖ philosophies, portrayals of rebellious children, or ―politically incorrect, racist or sexist language. Board of Education v. Pico (1982) –“Local school boards may not remove books from school library shelves simply because they dislike the ideas contained in those books …” –Schools must follow formal procedures to remove a book and must demonstrate a compelling disruption to the educational process in order to do so.