Freedom of Speech and the Press

Whatever happened to freedom of speech?

 Free speech & press serve 2 purposes: 1) _________________________ ____________________________ 2) _________________________ _________________________

 1 st amendment also protects ______________ _______________________.  Some forms of expression are _______ protected by the Constitution.

 ________- writing in a newspaper that Miss Bellucci takes bribes for good grades.  _________- telling people in a speech that Miss Bellucci takes bribes for good grades. Both are _______________________

Obscene Materials & Obscenity are ________ ___________________ ___________________ ___________________

 A piece of material is legally obscene if: 1.)________________________ _________________________ ____________________.

2) The work depicts or describes a _____________ _________________________ _________________________ 3) The work taken as whole lacks ___________________ _________________________ _________________________

 Sexually explicit material _____________ ______________________ ______________________

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

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

 1915 a court barred the showing of any film that was not of a “____________________________ _____________________________”.  In was reversed in 1952-liberty of expression under 1 st & 14 th

 Radio & TV are subject to federal regulation – ________  Congress has forbidden FCC to censor content of programs before they are aired. __________________ ________________________.  Ex: Janet Jackson at the Super Bowl

Cable TV – HBO? Are cable subject to the same broadcasts regulations as public airwave broadcasts? ______ Are HBO programs subject to the same regulation as NBC, ABC, and CBS? _______ Dexter, Boardwalk Empire, The Sopranos…etc. Time-Warner

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

 ______________________  when publication is ___________________  ________________________.

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? ___________________!

 _______________________ _______________________.  _____________ is covered. Govt. can ______________ ________________________.

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

Eat Cheese or Die! Can ads for alcohol and tobacco be limited? _____ Could Wisconsin make people license their car’s with the motto “Eat Cheese or Die”? __________________ __________________ ___________________.

 ________________________ ________________________ ________________________ ________________________ ________________________.

 Is burning your draft card- freedom of expression?

 United States v. O’Brien- 4 men burnt draft cards from Vietnam, _________________ ___________________________ ___________________________

 Students wanted to protest the Vietnam War by wearing black armbands to school.  Principal passed policy: ____ ____________________________ ____________________________ ____________________________

 Court ruled in favor of ____________.  Schools would have to show: 1) ______________________ ____________________________ __or 2) violate the rights of others or _________________________ ____________________________ ____________________________

gang colors and apparel _______ ______________ _____________

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? __________

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

 ___________________ won.  __________________________ __________________________ __________________________ __________________________ __________________________

 Amendment by Republicans was proposed to ban flag burning.  On 6/29/06 the amendment ___________________________ ___________________________ ___________________________