Freedom of Speech and the Press

Whatever happened to freedom of speech?

1st & 14th amendment Free speech & press serve 2 purposes: 1) guarantee right of free expression, spoken or written 2) ensure all persons wide range discussion of public affairs.

1st amendment also protects the expression of unpopular views. Some forms of expression are NOT protected by the Constitution.

Both are FALSE and MALICIOUS Libel & Slander Libel-writing in a newspaper that Miss Bellucci takes bribes for good grades. Slander- telling people in a speech that Miss Bellucci takes bribes for good grades. Both are FALSE and MALICIOUS

?!@#$ Obscenity @!#! Obscene Materials & Obscenity are all illegal and not protected by the 1st and 14th Amendments. What is obscene?

Miller vs. California A piece of material is legally obscene if: 1)average person finds that the work, taken as a whole tends to excite lust.

2) The work depicts or describes a form of sexual conduct specifically dealt with in an anti-obscenity law. 3) The work taken as whole lacks serious literary, artistic, political, or scientific value.

Sexually explicit material about or aimed at minors is not protected by the constitution.

So, is this literary, artistic….or scientific? censored censored When asked to define obscene, a Supreme Court Justice said, he could not define obscene but knew what was obscene when he saw it!

Child Pornography Can states absolutely prohibit child pornography? Yes Can govt patrol & entrap potential child pornographers on the internet by posing as children in chat rooms?

Movies, Radio & TV 1915 a court barred the showing of any film that was not of a “moral, educational or harmless and amusing character”. In was reversed in 1952-liberty of expression under 1st & 14th

Radio & TV are subject to federal regulation – FCC Congress has forbidden FCC to censor content of programs before they are aired. But they can prohibit use of indecent language. Janet Jackson and the Super Bowl Halftime show

Cable TV – HBO? Are cable subject to the same broadcasts regulations as public airwave broadcasts? No Are HBO programs subject to the same regulation as NBC, ABC, and CBS? NO Dexter, Boardwalk Empire, The Sopranos…etc.

EXCEPT: Prior Restraint Judicial prevention of a statement or other expression from being published. EXCEPT:

In times of war when publication is obscene incites reader to violence.

Prior Restraint – Part 2 Wardens may limit what prisoners receive in the mail or print in letters. Can a Principal limit what is printed or said in a school newspapers, plays, or other school sponsored activities? Yes, sorry kids!

Commercial Speech Speech for business purposes-advertising. Not all is covered. Govt. can forbid if misleading or false.

Commercial Speech - Advertising Can phony ads that promise millions to investors be banned? Yes

Eat Cheese or Die! Can ads for alcohol and tobacco be limited? Yes Could Wisconsin make people license their car’s with the motto “Eat Cheese or Die”? NO – death violates some religious beliefs about everlasting life.

Symbolic Speech Expression of beliefs, ideas by conduct rather than in speech or print.

Burning Your Draft Card Is burning your draft card-freedom of expression?

United States v. O’Brien- 4 men burnt draft cards from Vietnam, Court convicted them of violating a federal crime. Upheld by the Supreme Court Draft Dodging- Muhammed Ali http://www.youtube.com/watch?v=HeFMyrWlZ68

Tinker v. Des Moines Students wanted to protest the Vietnam War by wearing black armbands to school. Principal passed policy: if students refused to remove they would be suspended.

Court ruled in favor of Tinkers. Schools would have to show: 1) disrupt the orderly educational process or 2) violate the rights of others or interfere with the requirements of appropriate discipline in the operation of the school.

gang colors and apparel may be banned in schools.

Dress Codes? Can policemen, firemen, teachers, nurses, doctors, and students all be forced to adhere to dress and personal grooming codes by their employers or school districts? Yes!

Can You Burn the American Flag?

Texas v. Johnson Gregory Johnson arrested for burning an American flag. Served a year in jail. Appealed to Supreme Court.

Johnson won. Form of symbolic speech protected by the 1st & 14th amendment

Today Amendment by Republicans was proposed to ban flag burning. On 6/29/06 the amendment failed to pass in the Senate, by one vote.