CH. 19-3 FREEDOM OF SPEECH AND PRESS ADVANCED AMERICAN GOVERNMENT.

Slides:



Advertisements
Similar presentations
Freedom of Speech CHAPTER 19.3.
Advertisements

Lets take a closer look at: -Obscenity -Prior Restraint -The Media -Symbolic Speech -Commercial Speech.
Magruder’s American Government
STANDARD(S): 12.1 Students explain the fundamental principles and moral values of American democracy. LEARNING OBJECTIVES/ GOALS/ SWBAT 1.Explain the importance.
The First Amendment guarantees people the right to express themselves through speech and writing – Allows everyone to hear opinions and ideas of others.
Chapter 13.4 Freedom of the Press Government Mr. Biggs.
Freedom of Speech and Press
Civil Liberties and Public Policy Chapter 4. The Bill of Rights– Then and Now Civil Liberties – Definition: The legal constitutional protections against.
Freedom of Speech. Purpose for Freedom of Speech: To guarantee to each person a right of Free expression, in the Spoken and the Written word, and by all.
Civil Liberties: First Amendment Freedoms
SECTION 1 Freedom of Speech and Press Discuss the meaning and importance of each of the rights guaranteed under the Bill of Rights and how each is secured.
Types of Speech Pure Speech –Calm –Passionate –Private –Public Supreme Court has provided the strongest protection.
1 st Amendment. Freedom of Religion The Establishment Clause – “Congress shall make no law respecting the establishment of religion…” – Lemon v. Kurtzman.
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.
Freedom of Expression Laura Lantrip Alina Mihelin.
First Amendment: Freedom of Speech Congress shall make no law… “abridging the FREEDOM OF SPEECH” In the United States we each have the right to speak our.
First Amendment Rights to Free Speech and Press.  Democracy depends on a free exchange of ideas.  Volatile area of constitutional interpretation.
Civil Liberties and Public Policy. The Bill of Rights– Then and Now Civil Liberties – Definition: The legal constitutional protections against the government.
Civil Liberties and Public Policy
Civil Liberties: Unalienable Rights A Commitment to Freedom: A commitment to personal freedom is deeply rooted in America’s colonial past. Their.
Chapter 19 Ben Eric Craig 5 th Hour AP Gov. Section 1.
The Bill of Rights: What Rights Do You Have?. Freedom Civil Liberties Protections against the government Freedom of religion, speech, press, and the guarantee.
Freedom of Speech Congress shall make no law… abridging the freedom of speech”.
Chapter 19: Civil Liberties: First Amendment Freedoms Section 3
Chapter 19 Section 3 Objective: To understand the scope of and the limits on free speech and press.
Freedom of EXPRESSION.
Establishment Clause or Free Exercise Clause? 1.The words “in God we trust” on money. 2.Public schools beginning each day with a prayer over the intercom.
Rights & Freedoms. Rights Liberties and the Pursuit of Happiness Bill of Rights – the first 10 amendments to the Constitution, they are a listing of the.
Freedom of Speech. 1 st Amendment The essential, core purpose of the 1 st Amendment is self-governance. It enables people to obtain information from.
American Government Chapter 19 Section 3. Freedom of Speech 1 st and 14 th Amendments Guarantees spoken and written word liberty Ensures open discussion.
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.
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.
1. What are some freedoms that we have in our daily lives as US citizens? 2. Can your freedoms ever be taken away or limited? (explain!)
Freedom of Speech First Amendment Expression, Speech and Symbolic Speech.
Freedom of Speech  Seems like a dumb question, but why is it so important to a democratic government?  Ability to debate actions and policies of elected.
123 Go To Section: 4 Establishment Clause or Free Exercise Clause? 1.The words “in God we trust” on money. 2.Public schools beginning each day with a prayer.
Freedom of Speech and the Press Whatever happened to freedom of speech?
The First Amendment Freedom of Expression. The Free Exchange of Ideas Freedom of Speech and Freedom of Press guarantees are meant to: Protect each person’s.
Chapter 19 Unalienable Rights Founded on 2 overriding principles 1. Commitment to personal freedom 2. Rights of the individual against the government.
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Civil Liberties and Public Policy Chapter 4  1 st Amendment Edwards, Wattenberg, and Lineberry.
Civil Liberties and Public Policy Chapter 4. The Bill of Rights– Then and Now Civil Liberties – Definition: The legal constitutional protections against.
Freedom of Speech and Press
Civil Liberties: The First Amendment Freedoms Chapter 19.
Freedom of Expression Free Speech Free Press Assembly and Petition.
The First Amendment and Oregon Student Journalists Allison Marks, Adviser THE FOREST Forest Grove High School.
1 ST AMENDMENT; FREE SPEECH AND FREEDOM OF THE PRESS ELIZABETH MANWILL MIA MAY RAMI KHALAF MATT MARTY.
Freedom of Speech and Press 1 st Amendment Forms of (Speech) Expression Spoken Written Symbolic.
1 st Amendment /Speech What are some limits on speech? What are some types/examples of speech that can be punished/made illegal?
1. Vagueness and Overbreadth: Laws governing free speech must be clear and specific. > Laws that unnecessarily prohibit too much expression are considered.
1. Freedom of Speech Americans have right to freedom of expression to help protect unpopular opinions Founders wanted well-informed public Speech is limited.
Chapter 19: Civil Liberties: First Amendment Freedoms Section 3.
Essential Questions: How have courts defined (protected/denied) individual rights over time?
Freedom of Speech Press, Assembly, Petition
19. Civil Liberties: First Amendment Freedoms.
Freedom of Speech.
Civil Liberties: First Amendment Freedoms
Chapter 19: Civil Liberties: First Amendment Freedoms Section 3
Chapter 19: Civil Liberties: First Amendment Freedoms Section 3
The First Amendment An introduction & overview of freedom of religion and freedom of expression.
Freedom of Speech.
Civil Liberties and Public Policy
FREEDOM OF SPEECH.
Free Speech and Free Press
Chapter 19 Civil Liberties: 1st Amendment Freedoms Sections 3-4
Chapter 19: Civil Liberties: First Amendment Freedoms Section 3
SCOTUS…FACTS YOU NEED TO KNOW
Agenda- 1/22 GRAB A CHROMEBOOK AND THE WORKSHEET!!
Freedom of Speech and the Press
Warm Up 1. In what ways does the 1st Amendment limit the government? 2. Which of these are illegal and are not protected by the 1st Amendment? A. Burning.
Chapter 13.4 FREEDOM OF THE PRESS
Presentation transcript:

CH FREEDOM OF SPEECH AND PRESS ADVANCED AMERICAN GOVERNMENT

FREE EXPRESSION  “Sticks and stones may break my bones, but names will never hurt me”  Guarantee of free speech in 1 st and 14 th Amend. Serve to fundamentally important purposes:  1) to guarantee each person a right of free expression, in spoken and written form, and by all other means  2) to guarantee to all person a full, wide-ranging discussion of public affairs

 1) Guarantees of free speech and press is intended to protect the expression of unpopular views  2) Some forms are not protected  No person has unbridled right of free speech  No person has the right to LIBEL or SLANDER someone.  LIBEL—false and malicious use or printed words  SLANDER—false and malicious use of spoken words  Obscene words, material, and false ads are prohibited

SEDITIOUS SPEECH  SEDITION—crime of attempting to overthrow the government by force of to disrupt its lawful activities by violent acts  SEDITIOUS SPEECH—the advocating, or urging, of such conduct.  THE ALIEN AND SEDITION ACTS  1798  Law was meant to stifle the opponents of President John Adams and the Federalists

 These laws were probably unconstitutional but never tested in court  THE SEDITION ACT OF 1917  Crime to encourage disloyalty, interfere with the draft, obstruct recruiting, incite insubordination in the armed forces, or hinder the sale of government bonds  2,000+ arrested  Schenck v. United States (1919)—conviction upheld  Read opinion p. 547 (2 nd column, bottom)

 THE SMITH ACT OF 1940  Still exists; makes it a crime for anyone to advocate the violent overthrow of the government of the USA, to distribute any material that teaches or advises violent overthrow, or to knowingly belong to any group with such an aim.  USSC would decide to limit the Smith Act in future years and today is have become almost un- enforcable

OBSCENITY  What language and images in printed matter, films, and other materials are obscene?  First obscenity laws in 1872  Current Law was upheld by USSC in Roth v. United States (1957) – first attempt to define obscenity  Excludes “every obscene, lewd, lascivious, or filthy” piece of material from the mail.  Miller v. California (1973)  Three part test to determine obscenity

 1) “the average person applying contemporary [local] 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

PRIOR RESTRAINT  Constitution allows government to punish for something said after it occurs but it cannot place any PRIOR RESTRAINT on spoken or written words.  Examples where Prior Restraint has been allowed:  1) Greer v. Spock (1976)—regulations prohibiting the distribution of political literature on military bases without the approval of military authorities  2) Snepp v. United States (1980)—a CIA rule that agents must never publish anything about the agency without the CIA’s permission

 3) Thornburgh v. Abbott (1989)—A federal prison rule that allows officials to prevent an inmate from receiving publications considered “detrimental to the security, good order, or discipline” of the prison  4) Hazelwood School District v. Kuhlmeier (1988)— public school officials have a broad power to censor school newspapers and plays, as well as other “school-sponsored expressive activities.”

THE MEDIA  To what extent can the media—both print and electronic—be regulated by the government?  CONFIDENTIALITY  Can a journalist be required to give the name of a source while testifying in court or before a legislative committee?  State and federal courts have generally have not given journalists confidentiality rights and some people have gone to jail for refusing to reveal a source

 MOTION PICTURES  Mutual Film Corporation v. Ohio (1915)—upheld an Ohio law that barred showing any film that was not of a “moral, educational, of harmless and amusing character.”  1952—USSC reversed itself saying expression using motion pictures was protected by 1 st and 14 th Amend.

 RADIO AND TELEVISION  Radio and TV are subject to extensive government regulation  Airwaves are public property so the radio and TV stations need a license  Congress has forbidden FCC to regulate content of programs before they are broadcast  Cable TV has been given broader 1 st Amend. Freedom than traditional TV

SYMBOLIC SPEECH  SYMBOLIC SPEECH—communicating ideas by conduct such as facial expression, carrying a sign, or wearing an armband  PICKETING—patrolling a business site by workers who are on strike  Protected by 1 st Amend. If peaceful  OTHER SYMBOLIC SPEECH CASES

 United States v. O’Brien (1968)—involved four young men who burned their draft card to protest the Vietnam War  O’Brien was convicted because of a federal law banning draft card burning  O’Brien appealed saying this was symbolic speech  USSC said there is not a limitless list of actions that involve symbolic speech just because a person engages in a particular act.

 Tinker v. Des Moines School District (1969)  A small group of students had worn black armbands to publicize their opposition to the Vietnam War. The school suspended them.  “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate”

 FLAG BURNING  Burning the flag as an act of political expression is protected  Constitutional amendments have been discussed to prevent this act but have not gained momentum.

COMMERCIAL SPEECH MMost information from businesses is protected but there are exceptions TThe government can and does protect against false and misleading advertisements TTHE END