Freedom of Speech and Press

The Big Idea While the 1st and 14th Amendments gives Americans the right to express ideas freely, the Constitution and the Supreme Court have put some limits on free speech

Protected by the ConstitutionNot Protected by the Constitution ●right to speak freely ●right to hear what others have to say ●symbolic speech ●picketing ●libel ●slander ●seditious speech ●obscenity ●reporters’ sources

The Obscenity Test One of the gray areas involving free speech and free press involves obscenity. The Miller v. California (1973), the Supreme Court laid out a three part test to determine obscenity. 1.Would the average person find that it tends to excite lust? 2.Does it depict in an offensive way sexual conduct that is specifically dealt with in an anti-obscenity law? 3.Does it lack any real literary, artistic, political, or scientific value. Wrist a paragraph in which you evaluate the fairness and effectiveness of this test.

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The Free Exchange of Ideas Two fundamentally important purposes: to guarantee to each person a right of free expression in the spoke and the written word to guarantee to all personas a full, wide-ranging discussion of public affairs. The Right to have your say and the right to hear what others have to say.

In the 1st and 14th Amendments First... The guarantees of free speech and press are intended to protect the expression of unpopular views Second… some forms of expression are not protected by the constitution reasonable restrictions No person has the right to libel or slander another false and malicious use of printed words the false and malisious use of spoken word

What else doesn’t qualify? the use of obscene words the printing and distributing of obscene materials false advertising words that prompt others to commit a crime

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Obscenity...Who decides There is a 3-part test to determine what material is obscene 1.“the average person applying contemporary community standards” finds that the work, taken as a whole, appeals to the prurient interest” --that is 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 anti obscenity law 3.“the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.” What language and images in printed matter, films, and other materials are, in fact obscene? What restrictions can be properly placed on such materials?

Symbolic Speech expression by conduct the conduct expresses an opinion Symbolic Speech So what is an example of this? Picketing is a perfect example What is not protected burning draft cards it is whiting the constitutional power of the gov Tinker vs. Des Moines

Flag Burning Burning the American Flag is protected is an act of political protest It has been upheld twice by the Supreme Court What do you think?????

Press The media is very important in maintaining a free society So how can this be regulated? Many reporters believe they have to right to refuse to testify protect their sources Shield Laws about 30 states have passed these gives reporters some protection against having to disclose their sources or reveal other confidential information in legal proceeding Do reporters have to have this freedom to do their job????

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