Jumpstart Assignment  Describe the cartoon….

Today’s Plan 1) Jumpstart Assignment 2) Reading Minute 3) Notes: Ch. 19, Sec. 3 4) Case Study: 1 st Amendment in School

Speech in Schools  The Court has recognized that students do not shed their constitutional rights when they enter school.  However, the Court has traditionally recognized that the educational mission of the school cannot be disrupted by the exercise of free speech. Tinker v. Des Moines Tinker v. Des Moines Bethel School District v. Fraser Bethel School District v. Fraser Hazelwood v. Kuhmeier Hazelwood v. Kuhmeier Morse v. Frederick Morse v. Frederick

Freedom of Speech  Is hate speech protected?  Hate Speech: expression of hatred or bias against a person, based on characteristics such as race, religion, sex, itc.  National Socialist Party v. Skokie (1977) Laws prohibiting hate speech are generally ruled unconstitutional because of vague wording Laws prohibiting hate speech are generally ruled unconstitutional because of vague wording

Freedom of Speech  Symbolic Speech: an action meant to deliver a message  Some, but not all forms of symbolic speech are protected  Burning your draft card? U.S. v. O’Brien (1968) U.S. v. O’Brien (1968)  Flag Burning? Texas v. Johnson (1989) Texas v. Johnson (1989)

Freedom of Speech

Freedom of Press/Speech  Obscenity: something sexually explicit and highly offensive  Can local governments block obscene material from their town? - Miller vs. California 1973 – obscenity is not protected by 1 st Amendment - Miller vs. California 1973 – obscenity is not protected by 1 st Amendment

Freedom of Speech  Libel: written statement or visual representation meant to defame or harm another person’s character  Slander: verbal defamation  Libel and slander are typically unprotected forms of “speech”

Freedom of Speech and National Security  Can someone say or print something that provokes others to rebel against the government?  Seditious Speech: advocating or urging individuals to overthrow the government at times of war, the Supreme Court has been more likely to uphold limits to freedom of speech at times of war, the Supreme Court has been more likely to uphold limits to freedom of speech  Ex. Schneck v. United States (1919)

Jumpstart Assignment  To what extent would you say that your 4 th Amendment rights(no illegal searches and seizures) are protected in school? Explain your answer.

Morse vs. Frederick  Does the First Amendment allow public schools to prohibit students from displaying messages, which the school could reasonably interpret as promoting the use of illegal drugs, at school-supervised events?

Freedom of Assembly  Time/Place/Manner Restrictions on public property Local parade permits Local parade permits Can someone demonstrate during school hours? Can someone demonstrate during school hours? Skokie v. National Socialist Party (1978) – the government cannot prohibit a peaceful assembly simply because of its unpopularity Skokie v. National Socialist Party (1978) – the government cannot prohibit a peaceful assembly simply because of its unpopularity

Freedom of Assembly and Private Property  Private property, including businesses may prohibit most forms of assembly including picketing.  NAACP v. Alabama (1958) Right of Association is protected in the 1st Amendment Right of Association is protected in the 1st Amendment

4 th Amendment and Schools  “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Jumpstart Assignment  Study for Ch. 19 Quiz (look over your notes)  Surprise!!!!