CIVIL LIBERTIES STUDENT 5.2

FREEDOM OF SPEECH Preferred position doctrine – fundamental to other freedoms and provide basis for other liberties. Types of speech: pure, speech plus, symbolic Not automatically protected: Libel (oral = slander) – defamation False information that can greatly harm a person’s reputation TRUE statements have FULL constitutional protection

SCHENCK V. US (1919) The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. CLEAR AND PRESENT DANGER

BRANDENBURG V. OHIO (1969) IMMINENT LAWLESS ACTION Gov cannot suppress advocacy that promotes lawless action unless imminent

TINKER V. DES MOINES (1969) Students don't "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate"

“SCHOOL SPEECH” On-campus speech which is neither obscene, vulgar, lewd, indecent or plainly offensive nor advocating illegal drugs at a school-sponsored events, Tinker applies limiting the authority of schools to regulate the speech, whether on or off-campus, unless it would materially and substantially disrupt classwork and discipline in the school.

TEXAS V. JOHNSON (1989)

1st Amendment: Press

NEAR V. MINNESOTA (1931) PRIOR RESTRAINT Government’s actions that prevent material from being published CENSORSHIP rather than SUBSEQUENT PUNISHMENT

NEW YORK TIMES V. US (1971) The US Justice Department could not legally ban the publishing of the Pentagon Papers

NEW YORK TIMES V. SULLIVAN (1964) Affirmed Actual Malice Standard – Prove publisher knew the info was false or acted in reckless disregard of its truth or falsity (Not protected)

1973 Court classified what is “obscene” 1. The work, taken as a whole, appealed “to prurient interest in sex.” 2. The work showed “patently offensive” sexual conduct that was specifically defined by an state obscenity law 3. The work, taken as a whole, lacked “serious literary, artistic, political or scientific value.” Local standard: “Reasonable person” – someone whose outlook is broad enough to evaluate the material on its overall merit rather than its most objectionable feature Average person

DC V. HELLER (2008) First Supreme Court case in United States history to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense

MCDONALD V. CHICAGO (2010) Incorporated 2nd Amendment

MAPP V. OHIO (1961) Exclusionary Rule – forbids evidence gathered illegally to be admissible in court

Terry v. Ohio (1968) Held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous."

MIRANDA V. ARIZONA (1966)

GIDEON V. WAINWRIGHT (1963) Those charged with a felony have a right to a state-appointed lawyer if they can't afford to hire one

Warren Court (1953-1969) Engel v. Vitale New York Times v. Sullivan Brandenburg v. Ohio Tinker v. Des Moines Mapp v. Ohio Miranda v. Arizona Gideon v. Wainwright Brown v. Board of Education

FURMAN V. GEORGIA (1972) The Court did not reach consensus on whether the death penalty was ever Constitutional. However, the Court found Georgia's implementation to be "arbitrary and capricious".

GREGG V. GEORGIA (1976) The death penalty can be constitutional if based on a carefully drafted statute

RIGHT TO PRIVACY The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

GRISWOLD V. CT (1965)

ROE V. WADE (1973)

BOWERS V. HARDWICK (1986)

LAWRENCE V. TEXAS (2003)