Constitutional Review The truth your founding fathers never told you!

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Presentation transcript:

Constitutional Review The truth your founding fathers never told you!

Freedom of Speech 1 st amendment to Constitution “Congress shall make no law…. Abridging the freedom of speech” Speech is protected, even unpopular speech. However, there are some limits on speech

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Obscenity The government has the ability to prohibit the distribution of obscene materials. Obscenity= anything that treats sex or nudity in an offensive or lewd manner, exceeds recognized standards of decency, and lacks serious literary, artistic, political, or scientific value

Pornography “I can’t define it, but I know it when I see it”

Obscenity 3 part test 1.Would the average person applying contemporary community standards find that the material, taken as a whole, appeals to prurient interest (that is, an immoderate, unwholesome, or unusual interest in sex?) 2.Does the work depict or describe, in a patently offensive way, sexual conduct specifically outlawed by applicable state law? 3.Does the work, taken as a whole, lack serious literary, artistic, political, or scientific value?

What level of obscenity… Is OK for You? Is OK for a little brother or sister? Is OK for your parents? Is OK for your grandparents? Whose standards should we use ?

Why is this movie rated “R” What is the biggest issue? 1.Cursing 2. Nudity 3. Violence 4. Sexual situations

Defamation Defamation is not protected Defamation is a FALSE expression about a person that damages the person’s reputation.

Written = LIBEL Spoken = SLANDER If true it does not matter how “mean” it is.

Fighting Words 1 st Amendment does not protect you if you use language that “so” abusive or threatening. Face to face speech. “Verbal slap to the face” May result in….

Talk about my momma again, I dare ya!

The Offensive Speaker also called “The Mussolini Effect”

Deals with speech where listener agrees with speaker. Especially when speaker advocates illegal activity.

Standards for deciding is speech is dangerous Clear & present danger- Prior to did circumstances under which speech was given have a clear & present danger of unlawful action. Balancing test- 1950’s- The Court balances the rights of the speaker versus the harm the speaker proposed. Incitement Test- 1960’s- govt. can punish speech when it is directed toward inciting immediate lawless action & the action is likely to result. Must occur soon.

Hate Speech Speech motivated by bigotry and racism To what extent should we go to limit hate speech? See problem 37.7 on page 439

Time for Case Work…