Ap u.s. government & politics Monday, April 9, 2018

Warm-Up/Vocab Activity: Fill in the Blank 1) The most successful tactic used by activists in the Civil Rights movement was ________________. 2) Laws that impact fundamental rights are subject to ______________________ by the courts, meaning that law/regulation must be necessary to achieve a compelling government interest. 3) Before the Voting Rights Act of 1965, African-Americans in the South were denied the right to vote via _________________ and _________________. 4) In order to search a person’s home, police generally must obtain a ________________, supported by ___________________. 5) Words that create a __________________________ of inciting unlawful activity are not considered speech that qualifies for First Amendment protection.

Quick review/gap fill-in: freedom of speech

Expressive association Boy Scouts of America v. Dale (2000) BSA removed James Dale as a scoutmaster when it was discovered that Dale was homosexual Dale sued, claiming a violation of New Jersey’s law banning discrimination in public accommodations Holding: The Boys Scouts’ (*a private organization) right of Expressive Association allows them to bar Dale from serving as a troop leader

Regulation of Expressive Conduct in Schools Decisions in Gobitis? What happened in Tinker? But see: Morse v. Frederick (2007)

Freedom of the press

Review: Libel and Slander Slander: Unprotected spoken criticism Libel: Unprotected written criticism What is the standard for determining whether statements are protected by the Free Press guarantee? Private citizens: False statement; Negligence in determining the truth Public figures: False statement; Intent to Harm/“Actual malice” (Knowing falsehood or Recklessness in determining the truth) New York Times v. Sullivan (1964) Why the different standards? Notice that truth is always a defense

Freedom of the Press vs. National Security New York Times v. United States (1971) Throughout the United States’ war in Vietnam, the U.S. Government (during the Johnson and Nixon administrations) consistently lied to the American people about the justification for the war, the military activities conducted in the war, and the progress of the war. A whistleblower from the Defense Department leaked a classified DoD report to the New York Times and the Washington Post, which revealed much of the Government’s deception. The Nixon Administration sued the newspapers, arguing that publication of the materials would harm national security, endangering sensitive negotiations that were currently underway, as well as the lives of American troops who were being held prisoner in North Vietnam. In this case, the Government said, prior restraint was necessary in order to advance a compelling government interest. Holding: If the First Amendment means anything, it means No Prior Restraint Vague claims of dangers to national security are not enough to overcome the presumption of unconstitutionality

The “Other” First Amendment Freedoms What political activities are protected by the Freedom of Petition? What activities are protected by the Freedom of Assembly? What limitations may be placed on this freedom?

Student SCOTUS: The Paul Press The Spectrum, the school-sponsored newspaper at Hazelwood East High School, was written and edited by students. In May 1983, Robert Reynolds, the school principal, received a preview of the May 13 issue. Reynolds found two of the articles (concerning divorce and teen pregnancy) to be inappropriate, and ordered that the pages on which the articles appeared not be published. Two Hazelwood students sued the school, alleging that the principal’s order violated their rights to free speech and freedom of the press. How will your Supreme Court rule in this case? Hazelwood v. Kuhlmeier (1986)

Homework Textbook, p. 102-109

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