Interpreting the Bill of Rights Chapter 6 Section 3

Key Terms Freedom of the Press Freedom of Speech Case Studies

Freedom of the press- the right to publish newspapers, magazines Freedom of the press- the right to publish newspapers, magazines. And other materials without government restrictions Is government endangering rights when it passes libel laws that forbid people to print damaging false statements?

Freedom of speech- the to express one’s opinion publicly Does the person have the right to make a speech that causes a riot?

Role of the Courts Judges in courts interpret the meaning of citizens rights 1st court is the local court 2nd would be state courts Some cases go to the Supreme Court Case Studies- which are descriptions of conflicts, the issues involved, and the decisions made. Case studies help us see principles of the constitution, when you read them think of what you would do.

Mary Beth Tinker and Christopher Einhart Des Moines Iowa Protest Viet Nam War Mary Beth 13 Christopher 16 Wore black armbands with peace signs on their arms Felt it was their right to protest Had important implications for Freedom of Speech

Supreme Court Heard the Case Des Moines school officials forbade the wearing of armbands Students were suspended Parents argued freedom of speech Students did not disrupt class School said it preserved discipline Argued school not the place for political demonstrations

Court Decisions Local Court ruled in favor of the school Higher Court upheld the school Supreme Court ruled in favor of the students Armbands are a part of free speech Symbols representing ideas Because it did not interfere with other students

The Skokie Case Freedom for Nazis? When is freedom of expression limited? What other rights should be considered? What if the person expresses ideas that people find shocking? One of the most controversial cases in our nation’s history.

Background 1930 members of Adolph Hitler’s Nazi party attacked Jews in Germany between 1938 and 1945 Nazis forced millions of Jews into camps and tortured, starved and killed them.

Conflict 1977 Skokie Illinois Town’s residents 40,000 Jews Many people had survived Nazi Camps May uniformed men applied for a permit to march through Skokie American Nazi Party Each wore large swastikas

Skokie officials wanted to stop the march Made Nazis obtain $350,000.00 in insurance to discourage the march When Nazis wanted to protest the insurance The town forbade them to march in nazi uniforms with swastikas

Court Battle Illinois Court to the Supreme Court Does 1st amendment protect the Nazi message of hatred People argued 1st Amendment does not protect people who want to destroy freedom and spread violence ACLU argued Nazis have a voice

Basic question “If government may deny freedom of expression to one group, what will prevent it denying the right to any other group?” “The First amendment must be for everyone or it will be for no one.”

Appealing the Case American Nazi party would not accept the county court order Took case to Illinois Supreme Court Supreme Court would not overrule the lower court June 14, 1977 Supreme Court ordered Illinois Court to hold a hearing on their Nazi decision

It took a year The insurance violated First Amendment Insurance was too costly Limited freedom of assembly Nazis won the right to hand out hate literature

First Amendment protects expression of all ideas Drew upon precedents of free speech No matter how cruel or unpopular “The principle of free-thought- not free thought- for those who agree with us but freedom for the that that we hate.”

Symbols of Speech The courts discussed whether the Nazi symbol was protected under free speech As decided in the Tinker Case Issue whether the Nazi symbol would cause a violent reaction Were Nazis trying to start a fight

Court decides the swastikas could not be banned Summer 1978 Nazis held rallies but not in Skokie Both rallies were in Chicago Thousands demonstrated against the Nazis Heavy guard of police to protect them

A Marketplace of Ideas First amendment protects popular and unpopular ideas. Holmes thought people should hear many different views “The powers of thought to get itself accepted in the competition of the market.” Protection of rights is not just the responsibility of law and judges we all share it