Intro to the First Amendment The right to see, to hear to read and to be exposed to new and exciting (and sometimes unpopular and offensive) ideas

Constitutional Law Analysis Before you review and perform con law analysis ALWAYS ALWAYS ALWAYS check for government action Examples? Granting (or denying) licenses, legal restrictions like ordinances, laws, etc., action by government funded entities like offices, schools and organizations, issuing government funds. This step must be included in a con law analysis EVERY TIME. We have government action because. . . . .

Government Action or No? Harold Washington Library bans Jonny Got His Gun A presidential candidate uses religious rhetoric in campaign materials St. Ignatius refuses to use Catcher in the Rye in their curriculum due to profanity CPS will not allow students to use profanity in political speech in school

Obscenity Would the average person applying contemporary community standards find that the material, taken as a whole, appeals to prurient interest (an immoderate, unwholesome, or unusual interest in sex)? Does the work depict or describe, in a patently offensive way, sexual conduct specifically outlawed by applicable state law? Does the work, taken as a whole, lack serious literary, artistic political or scientific value?

Side One Side Two

Commercial Speech Hypos The Chicago Cubs do not allow beer advertisements in Wrigley Field Because of the Cubs Lobbying, Chicago does not allow beer advertisements within 5 miles of Wrigley field.

Commercial Speech Hypos Lawyers may not advertise their services. Lawyers must clearly mark all advertisements so as not to confuse consumers that they are being sued.

Commercial Speech Hypos Los Angeles prohibits the promotion of music defined as explicit. Los Angeles prohibits the promotion of music defined as explicit within 10 miles of a school either in stores or on billboards.

Vagueness or overinclusive hypos Offensive speech is banned Speech that is critical or threatening to President Trump is outlawed Billboards that suggest men are harder working that women are banned It is a crime to show obscene pictures to children under 18 It is a crime to show images of a sexual nature to children under 18