Sticks and stones may break my bones, but words can never hurt me! Civil Liberties #2 More 1st Amendment Sticks and stones may break my bones, but words can never hurt me!

Are these words constitutionally protected?

How should the SC decide this case? At issue in the case, Syder v. Phelps, was whether the Westboro Baptist Church and its protesting members could be sued for the emotional distress they caused to Albert Snyder when the church decided to use his son’s military funeral to try to gain media attention for its controversial religious message. Preacher Fred Phelps and his followers say that God is punishing the United States for its tolerance of gay rights by causing the deaths of US service members in overseas wars.

In March 2006, seven Westboro Baptist Church members took up a position outside the church where the funeral of US Marine Matthew Snyder was to be conducted. They displayed signs proclaiming: “Thank God for Dead Soldiers,” and “You’re Going to Hell.” The protesters stood in a cordoned off area approved by police about a thousand feet from the church. They sang songs and waved their signs. They conducted the protest for a half hour and left eight minutes after the funeral began. Mr. Snyder later told reporters that the Westboro Baptist Church’s selection of his son’s funeral for the protest had tarnished forever his final moments with Matthew. He hired a lawyer and sued.

Who’s protected? The father of the soldier or the church?

1st Amend. Speech & Press Freedom of Expression: right to express yourself through: speech, religion, protesting, financially, etc.

Symbolic Speech Texas v. Johnson (1984): Burning the American flag Actions that convey a political message Can be unprotected Burning a draft card Texas v. Johnson (1984): Burning the American flag

Unprotected Speech “Clear and present danger” Fire! In a crowded movie theater Schenck v. U.S. (1918) Imminent Lawless Action Much stricter requirement Must lead to action

National Enquirer: “Kate: Jon Pathological Liar” 3. Defamatory: Libel (written) & Slander (spoken) False Malicious * *Public v. private person National Enquirer: “Kate: Jon Pathological Liar”

NY Times v. Sullivan (1964) This ad was designed to raise money for MLK Jr. It described the protests and the reactions of the police in Montgomery, Alabama, some of which was inaccurate. Although not named, Sullivan, the city commissioner, sued claiming this was libel.

SC Decision & Opinion 9-0 decision. The Court held that the First Amendment protects even false statements, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity). from www.oyez.org

More…. Obscenity Miller v. CA (1973) Offensive to the average person Sexual in nature No artistic, scientific, or other value

Attempts to overthrow gov War v. Peacetime restrictions Sedition & Subversion Attempts to overthrow gov War v. Peacetime restrictions Patriot Act (2001) Schenck v. US

So, now who do you think should win in the court case? Supreme Court ruled that noxious, highly offensive protests conducted outside solemn military funerals are protected by the First Amendment when the protests take place in public and address matters of public concern. (8-1 decision) “As a nation we have chosen a different course – to protect even hurtful speech on public issues to ensure that we do not stifle public debate,” the chief justice wrote.

CL #2, Continued The concept “separation of church and state” is based on what clause of the Constitution ? What does the Lemon test determine? Name one exception to my freedom of speech. How many husbands am I allowed to have?

Freedom of Press Prior Restraint: officially prohibiting printed material BEFORE its printed – not generally protected Exceptions: Military bases

Prior Restraint & National Security New York Times v US (1971) A newspaper receives classified information that proves that the president has been lying to both the Congress & the nation about our involvement in a war – does the paper have the right to print this info? Nixon attempts prior restraint SC overturns Nixon’s actions –allows the articles

Gov Info & Press Freedom of Information Act (1966): access to gov info on yourself Sunshine laws: meetings and info must be made public when possible

1st Amendment & Schools Tinker v. Des Moines (1969) Wearing armbands as protest agst war Hazelwood v. Kuhlmeier (1987) Student newspaper articles on controversial issues

Media Mass Media FCC: allowed to regulate speech Internet Commercial Speech No illegal products No false & misleading commercials

Assembly: right to gather Time, place, and manner restrictions Public forums: park, sidewalk Nonpublic forums: library, schools

Assembly… Civil disobedience is not always protected

Freedom of Association Boy Scouts: as a private club, can deny leadership positions based on sexual orientation based on religious beliefs