Purpose You will define 1 st amendment free speech protections using court precedent as examples.

1 st Amendment Freedom Of Speech Freedom of Press

1st Amendment: Freedom Speech and Press David O'Brien burns his draft card on the steps of a courthouse in Boston in protest of the Vietnam War. This was illegal and he was arrested. Is this law Constitutional?

United States v O’Brien (1968) Court ruled that the law against burning the Draft card was Constitutional. They argued that it did not limit his right to express his displeasure over the war, just the manner in which he did it.

1st Amendment: Freedom of Speech and Press Greg Johnson attends a protest in Dallas. During this protest someone hands him an American Flag. He lights it on fire and waves it in protest. He is later arrested for “vandalizing a respected object”. Const. or Unconst.?

Texas v Johnson (1989) Court ruled that any law prohibiting the desecration of flags were Unconstitutional. This type of symbolic speech is protected. Why the difference?

1st Amendment: Freedom of Speech and Press Colorado law prohibits protests, petitioning, etc… within a radius of 100 feet of health care clinics and within 8 ft of people going to and from the clinic. Is this law Constitutional?

Hill v Colorado (2000) Court ruled that the law prohibiting protesting outside of health facilities did not infringe on people’s freedom of speech. Their views can still be heard.

1st Amendment: Freedom of Speech and Press Walter Chaplinsky is passing out religious tracts on a public sidewalk. He was told to leave and then was arrested after he “verbally assaulted” the police officer warning him. Is the N.H. law prohibiting offensive or derisive language Constitutional?

Chaplinsky v New Hampshire (1942) The Court unanimously upheld the arrest stating that verbally abusive words that can lead to violence are not protected under the 1 st Amendment

1st Amendment: Freedom of Speech and Press Jay Near publishes a newspaper that offends some. He is charged with a crime under the “Public nuisance” law in Minnesota. The law: no publications that are “Malicious, scandalous, or defamatory” Const. or not?

Near v Minnesota (1931) Court ruled that the Minnesota law unfairly targeted newspapers with anti-establishment sentiments. The prohibition was designed to limit dissenting views.

1st Amendment: Freedom of Speech and Press The New York Times gathered classified information about the Vietnam War. Pres. Nixon tried to force a gag order on them stating “the security of the US was at risk. Was Nixon’s action Const. or not?

New York Times Co. v United States Government (1971) Court ruled that the Government did not meet the burden of proof needed to overrule the Preferred Position Doctrine. They did not see the printing of the story as a ”threat to national security”

1st Amendment: Freedom of Speech and Press Hazelwood Schools newspaper was censored by the school Principal due to an article interviewing 3 pregnant students. No names were used but it did discuss the lack of birth control used. Is this censorship Const. or not?

Hazelwood v Kuhlmeier (1988) Court ruled that the school newspaper was not protected from censorship under the 1 st Amendment because it was part of an educational curriculum. Freedom of the Press might interfere with “legitimate, pedagogical goals”.