Freedom of Speech Press, Assembly, Petition Copy the bold, these notes are lengthy

Civil Liberities Protection against government Safety of persons, opinions, property (freedom religion, speech, press, fair trial)

Civil Rights Positive acts of government that seek to make constitutional guarantees a reality for all people Prohibition of discrimination based on race, sex, religion

Freedom of Speech The first Amendment covers the right to Freedom of speech. The court has maintained that this right is not absolute however.

Restrictions Libel- printed word that is untrue about someone else Slander- the false and malicious use of spoken words Sedition- advocating the violent overthrow of the government Speech that is deemed obscene

Obscenity Cannot circulate (mail) Libraries filters block websites Specific zones In the Supreme Court Case Miller v California, the court set up a three part test for determining what is obscene

The Miller Test 1. The average person applying the contemporary, local standards finds that the work taken as a whole, appeals to the “prurient” (sexual) interest 2. the work depicts or describes in a patently offensive way a form of sexual conduct specially dealt with in an antiobscenity law 3. the work taken as a whole lacks serious literary, artistic, political or scientific value.

Alien and Sedition Acts 1798 1798 The government was given the power to make “any false, scandalous, and malicious” criticism of the government a crime. These acts expired in 1801 1917 Made it a crime to interfere with the war in anyway. Also was a crime to “willfully utter, print, write, or publish any disloyal, profane, scurrilous or abusive language about the form of government of the United States”

Schenck v. United States Schenck v United States- 1919 Schenck sent to prison in violation of the sedition acts. Court agreed Clear and Present Danger- circumstances limits can be placed on speech, assembly, press

The Smith Act It was a crime to: 1. Advocate the violent overthrow of our government 2. distribute any material that teaches or advises overthrow 3. to knowingly belong to any group with such an aim

New York Times v United States Daniel Ellsberg leaked hundreds of pages of secret documents to the New York times regarding U.S. policies during the Vietnam war. - the court held the government would have to prove that the papers publication would hurt national security.

Flag Burning Cases United States v Eichman 1990 ruled the government may not prevent you from burning a flag to express your ideas Texas V Johnson 1989- similar flag burning case a year earlier.

Radio and Television The Federal Communications Commission or FCC regulates television and radio. Congress has forbidden the FCC to censor the content of programs before broadcasting.

How Does FCC WORK? They may fine stations for inappropriate conduct and may use such infractions when considering whether or not to renew station licenses.

Freedom of Press Thomas Jefferson argued this was your most important right He felt you needed to be informed so you could make decisions

Prior Restraint Censor information prior to publication

Press and Trials Judges restrain coverage of trial Limit reporters Move trial Isolate witnesses Jury sequestered Gag order

Shield Laws Branzburg v Hayes ruled that reporters must reveal their sources if asked. 30 states have passed “shield laws” protecting sources

Panther Print??? In Hazelwood School District v Kuhlmeier the court ruled that the school newspaper was subject to censorship by the principal at that school

Exceptions CIA agents publishing information Political publications for distribution on military bases

Freedom of assembly and Petition Peaceably gather together to express view on public matters Bring views to public official (petitions, letters, advertisements, lobbying, parades, marches etc.)

Exceptions Cannot incite violence Block public streets Close a school Endanger life, property, public order Private property

Time-Place-Manner Makes noise or causing other diversion near a school if the action disrupts school activity Forbids parades near a courthouse when they are intended to influence court proceedings

Limitations on Demonstrations Obtain a permit Airports, libraries, courthouses, schools, swimming pools, jails

Heckler’s Veto Public vetoes the free speech and assembly rights of unpopular groups by claiming that demonstrations will result in violence

Picketing Labor dispute Other picketing forbidden in front of business