Freedom of Speech and Freedom of Assembly

The Purpose of Freedom of Speech 1 to guarantee to each person a right of free expression, in the spoken and the written word, and by all other means of communication as well. 2 to guarantee to all persons a full, wide ranging discussion of public affairs. –The 1 st and 14 th amendments of the constitution provide us these rights. –Our government requires that the people have the ability to make sound, reasoned judgment on matters of public concern.

Restricted Speech Libel –Is the false and malicious use of printed words. Slander –The false and malicious use of spoken words. Sedition –Is the crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts.

Obscene Speech In Miller v. California (1973) the court created a three part test to determine is material is obscene. 1.The “average person applying contemporary community standards” finds that the work taken as a whole, tends to excite lust 2.“the work depicts or describes, in a patently offensive way,” a form of sexual conduct specifically dealt with in an antiobscenity law. 3.“the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

The Media Many news organizations and reports insist that they must have the right to protect their informants. The government both state and federal has on several occasions has rejected this argument and compelled reporters to give up their informants. –Several reporters have refused to comply and have been imprisoned for this.

Shield Law –These laws give reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings in those States. 30 States have Shield laws protecting their informants and themselves.

Radio and Television Radio and Television are subject to the most stringent regulations on speech. –The Federal Communication Commission was created to regulate and monitor all forms of broadcasting. The Supreme Court has ruled that since radio and television use the public’s property thought the use of the public airwaves. –This allows the government to restrict use in the form of licensing.

Symbolic Speech Is expression by conduct, by the way they do a particular thing. –Facial Expressions –Carrying a sign –Wearing an armband

Other symbolic speech issues In U.S. v. O’Brien, the Supreme Court held that 4 men burning their draft cards was not considered symbolic speech. In this decision, they stated that acts of dissent by conduct can be punishable if –The object of protest is with in the powers of the government –Whatever restriction is placed on expression is no greater than necessary in the circumstances –The government’s real interest in the matter is not to squelch dissent

Commercial Speech Commercial Speech is speech for business purposes, and this is most often used for advertising. –The government prevents false and misleading advertisement. –The government has also prevented advertisements that are not false nor misleading. The cigarette industry

Right to Assemble The constitution guarantees the right for people to “peaceably” assemble. –The constitution does not give the right to incite violence –Assembly can be restricted if it blocks a public street, to close to a school, or otherwise to endanger life, property, or public order.

Assembly on Public Property People are allowed the right to assemble on public property as long as they follow the conditions laid out by the court. –Occupy Wall Street. –Students protesting tuition hike at UC Davis. –Ferguson Protest –Eric Garner Protests

Assembly on Private Property The Supreme Court has consistently held that assembly on private property is at the owners discretion. –People do not have the right to trespass on private property.

What is the difference between Libel and Slander? –Both terms refer to the false and malicious use of words; libel refers to printed words, while slander refers to spoken words

Why does the government restrict seditious speech? –Because the Supreme Court determined that seditious speed had the power to provide “clear and present danger” to the government.

Quick Write Do you believe that we should have a national Shield Law or should the press be required to give up their sources if forced by law?