Intro to Constitutional Law Freedom of Speech

Intro Founding Fathers knew that the Constitution might need to be changed

Intro Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment process:

Intro Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment process: Congress passes, and ¾ of state legislature ratify

Intro Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment process: Congress passes, and ¾ of state legislature ratify Congress passes, ¾ of state conventions ratify

Intro Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment process: Congress passes, and ¾ of state legislature ratify Congress passes, ¾ of state conventions ratify Proposed by nat’l convention that was called to order by Congress, after 2/3 of the state legislatures had asked Congress to do so (ratified by the State legislatures)

Intro Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment process: Congress passes, and ¾ of state legislature ratify Congress passes, ¾ of state conventions ratify Proposed by nat’l convention that was called to order by Congress, after 2/3 of the state legislatures had asked Congress to do so (ratified by the State legislatures) Same as above, but ratified by ¾ of the conventions

Intro The rights guaranteed in the Constitution are not absolute

Intro The rights guaranteed in the Constitution are not absolute The court generally applies “tests” to the situations

Intro The rights guaranteed in the Constitution are not absolute The court generally applies “tests” to the situations These tests are necessary b/c the Constitution is vague

Intro The Constitution protects citizens from the government

Intro The Constitution protects citizens from the government The enforcement of rights can be time- consuming and expensive

Freedom of Speech 1 st amendment protects both those making communication and those receiving it

Freedom of Speech 1 st amendment protects both those making communication and those receiving it Essentially, the right of free speech is fundamental to the process of self-government

Freedom of Speech 1 st amendment protects both those making communication and those receiving it Essentially, the right of free speech is fundamental to the process of self-government While it appears absolute, “Congress shall make no law…”

Freedom of Speech 1 st amendment protects both those making communication and those receiving it Essentially, the right of free speech is fundamental to the process of self-government While it appears absolute, “Congress shall make no law…” This is where the tests enter in: “yelling fire in a crowded theater”

Freedom of Speech 1 st amendment protects both those making communication and those receiving it The most difficult part of ensuring free speech is protecting those ideas which are unpopular

Obscenity Anything that exceeds recognized standards of decency

Obscenity Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what is obscene

Obscenity Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what is obscene Justice Potter Stewart once said “I can’t define pornography, but I know it when I see it.”

Obscenity Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what is obscene Justice Potter Stewart once said “I can’t define pornography, but I know it when I see it.” Basic guidelines: Would the average person be offended

Obscenity Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what is obscene Justice Potter Stewart once said “I can’t define pornography, but I know it when I see it.” Basic guidelines: Would the average person be offended Does the work portray something illegal

Obscenity Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what is obscene Justice Potter Stewart once said “I can’t define pornography, but I know it when I see it.” Basic guidelines: Would the average person be offended Does the work portray something illegal Does the work have value (artistic, political, etc.)

Defamation False expression about a person that damages a person’s reputation

Defamation False expression about a person that damages a person’s reputation Not protected by the first amendment

Defamation False expression about a person that damages a person’s reputation Not protected by the first amendment This is known as libel (written) and slander (spoken)

Commercial Speech Speech that generally appears in advertisements

Commercial Speech Speech that generally appears in advertisements In general, there is a ban on speech that is false or misleading, or is advertising an illegal product

Commercial Speech Speech that generally appears in advertisements In general, there is a ban on speech that is false or misleading, or is advertising an illegal product Ex. The ban on cigarette advertising on TV/Radio