AP U.S. GOVERNMENT & POLITICS – Civil Liberties Civil Liberties part 2 AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties FREEDOM of SPEECH Democracy depends on free expression of ideas. “The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic governments.”   ~ Declaration of Rights . .. Virginia, 1776 The 1st Amendment Congress shall make no law . . . abridging the freedom of speech, or of the press AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties FREEDOM of SPEECH “I read no law abridging to mean no law abridging” Hugo Black Supreme Court Justice 1937–1971 “The most stringent protection of free speech would not protect a man in falsely shouting ‘fire’ in a theater and causing a panic.” Oliver Wendell Holmes Supreme Court Justice 1902–1932 AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties FREEDOM of SPEECH Key Issues Balancing of freedom of expression with values such as: Need for public order National security Right to a fair trial Equality & Fairness And . . . what exactly constitutes “speech”? AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties FREEDOM of SPEECH “The true meaning of freedom of speech seems to be this. One of the most important purposes of society and government is the discovery and spread of truth on subjects of general concern. This is possible only through absolutely unlimited discussion . . . Nevertheless, there are other purposes of government, such as order, the training of the young, protection against external aggression. Unlimited discussion sometimes interferes with these purposes, which must then be balanced against freedom of speech, but freedom of speech ought to weigh very heavily in the scale.” - Zechariah Chafee – Harvard Professor of Law AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties FREEDOM of SPEECH Prior Restraint Case? Near v. Minnesota (1931) Newspapers protected from prior restraint AP U.S. GOVERNMENT & POLITICS – Civil Liberties

Schenck v. United States (1919) “Clear and present danger” test FREEDOM of SPEECH Public Order Case? Schenck v. United States (1919) “Clear and present danger” test Now . . . “Imminent lawless action” Upheld conviction of a Socialist encouraging draft resistance AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties FREEDOM of SPEECH National Security & Prior Restraint Case? NY TIMES v. UNITED STATES (1971) NY Times v. United States (1971) AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties FREEDOM of SPEECH Obscenity Cases? Roth v. United States (1957) “utterly without redeeming social importance” Miller v. California (1973) . . . not protected speech . . . use community standards AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties FREEDOM of SPEECH Libel & Slander Case? Actual malice & Reckless disregard for the truth v. Sullivan (1964) AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties FREEDOM of SPEECH Symbolic Speech Mary Beth & John Tinker (1965) Texas v. Johnson (1989) Threat = No No Symbolic Expression = OK Flag burning = symbolic expression AP U.S. GOVERNMENT & POLITICS – Civil Liberties

AP U.S. GOVERNMENT & POLITICS – Civil Liberties FREEDOM of ASSEMBLY Back to . . . Balancing of freedom with values such as: Need for public order Freedom of others not to be bothered Has resulted in the following constitutional limits / restrictions: Time Place Manner AP U.S. GOVERNMENT & POLITICS – Civil Liberties