2. Students and Freedom of The Press
L.O. 11: Describe the Limits the Court has placed on the media
Students and Freedom of The Press
Censorship Analysis
Hazelwood vs Kuhlmeier
Divorce
Teenage pregnancy
Names changed to protect identities
Principal’s decision??
District Court: No violation of Constitutional rights
Appeals Court: Reversed district Court ruling
Supreme Court: Reversed Appeals Court ruling…No violation of 1st Amendment rights.
Reasoning:
The paper was sponsored by the school
The school has a legitimate interest in preventing “inappropriate articles.
The school paper is not a public forum, rather it is a limited forum for journalist students in conjunction with a class. As such it can be edited by the school

3. Commercial Speech and Regulation of the Public Airwaves
Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights
4.3
Commercial Speech and Regulation of the Public Airwaves
Advertising
Federal Trade Commission (FTC)
No false claims
Federal Communications Commission (FCC)
Licensing and regulations
Not applicable to cable and satellite
Commercial speech, such as advertising, is regulated by the FTC. This agency decides what goods can be advertised where, and determines the limits of the content. Advertisers can’t make false claims about what their products can do, but they have a lot of leeway in what’s implied by the advertisement. The courts have struck down state laws preventing advertising of goods and services such as casino gambling that are legal in the state.
Because only a limited number of broadcast frequencies are available, radio and television stations are subject to licensing requirements and regulations that would be considered unconstitutional if applied to print media.
Unlike newspapers, stations must devote broadcast time to public service, news, and views other than those of the station’s owners. They are prohibited from using obscene words, and subject to large fines for allowing the broadcast of even one stray curse word. These restrictions don’t apply to cable and satellite channels, since consumers pay for their specific content and can block content that they don’t want entering their homes.

4. Commercial Speech
Commercial Speech is speech for business purposes, usually advertising.
For many years, it was believed that the 1st and 14th amendment guarantees did not protect advertising.
In a handful of decisions in the 1970s, the Court held that advertising was protected, but not without exceptions.
Exceptions include: barring false and misleading advertisement, advertising illegal goods or services, and the promotion of tobacco products on the radio or television.

5. Campaigning 4.3 Election Campaign Act of 1971
Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights
4.3
Campaigning
Election Campaign Act of 1971
limited campaign contributions to candidates
Buckley v. Valeo (1976)
Spending money to influence elections is protected speech
Overturns individual and total expenditure limits
McCain-Feingold Act (2002)
Banned soft money contributions
Banned certain advertising
Citizens United v. Federal Election Commission (2010)
Overturned restrictions on political broadcasts funded by third parties such as corporations…Corporations have 1st Amendment protectons.
The limits of the use of money in political campaigns have been tested on free speech grounds. In 1971, Congress attempted to limit the influence of money by passing the Election Campaign Act which, among other things, limited campaign contributions to candidates. In 1976, in the case of Buckley v. Valeo, the Supreme Court invalidated parts of this law, arguing that spending money to influence elections is a form of protected speech.
In 2002, Congress again made a small attempt at campaign finance reform with the Bipartisan Campaign Reform Act, more popularly known as the McCain-Feingold Act. This law banned soft money contributions to parties, limited third party advertising, and restricted parties’ use of funds on behalf of candidates.
The Supreme Court upheld parts of the law but limited the restrictions on advertising. In 2010, it went further in its ruling in the Citizens United case, prohibiting restrictions on political broadcasts funded by third parties such as corporations.

7. Describe the rights to assemble and associate protected by the First Amendment and their limitations
Freedom of Assembly
4.4
Right to Assemble
Right to Associate
The Constitution guarantees “…the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
The right to assemble, or gather with one another to express views.
The right to bring views to the attention of public officials.
Freedom to assemble is often overlooked. Freedoms of speech and of the press, not to mention religion, are usually debated more often. But freedom of assembly is the basis for forming interest groups, as well as exercising speech rights to petition the government and protest for redress of grievances.

8. Right to Assemble 4.4 Gathering to make a statement
Describe the rights to assemble and associate protected by the First Amendment and their limitations
4.4
Right to Assemble
Gathering to make a statement
Conflict with public order
Time, place, manner restrictions
No viewpoint discrimination
Fine line with harassment
Abortion providers
The Constitution guarantees the right of citizens to gather together to make a statement but, like other rights, it isn’t absolute. The Court has ruled that, although citizens can’t be prohibited from parading, picketing, and protesting, laws may limit the time, place, and manner of such gatherings.
Laws may require demonstrators to obtain a permit and post a bond for security. Local governments must grant permits irrespective of the content of the group’s message. Demonstrators must stay on public property and can be limited as to distance, volume, and other features of their protest to avoid harassing law-abiding citizens. For example, the Court has upheld the constitutionality of laws that limit how close anti-abortion protestors can be to clinic entrances, and prohibited them from protesting in residential neighborhoods.

9. Describe the rights to assemble and associate protected by the First Amendment and their limitations
4.4
Ku Klux Klan
In this photo, a white supremacist and a black man have a confrontation. The Supreme Court has generally upheld the right of any group, no matter how controversial or offensive, to peaceably assemble, as long as the group’s demonstrations remain on public property.
The Supreme Court has generally upheld the right of any group, no matter how controversial or offensive, to peaceably assemble, as long as the group’s demonstrations remain on public property.

10. Time-Place-Manner Regulations
The government can make and enforce rules regarding the time, place, and manner of assemblies.
An example of such a rule is that public areas near schools and courthouses are restricted.
The government’s rules must be content neutral. They can place restrictions of the basis of the time, place and manner of the assembly, but not on what the assembly is trying to say.

11. Describe the rights to assemble and associate protected by the First Amendment and their limitations
4.4
Westboro Baptists
In this photo, a white supremacist and a black man have a confrontation. The Supreme Court has generally upheld the right of any group, no matter how controversial or offensive, to peaceably assemble, as long as the group’s demonstrations remain on public property.

12. Public Property Cox v. New Hampshire, (1941) Gregory v
Public Property Cox v. New Hampshire, (1941) Gregory v. Chicago (1969) Madsen v. Women’s Health Services Inc. (1984) Hill v. Colorado (2000)

13. Public Property
Buffer zones??

14. Private Property
The rights of assembly and petition do not give people a right to trespass on private property.
States can interpret their constitutions to require owners of private property, such as shopping centers, to allow people to petition on their property.

15. Freedom of Association
The guarantees of freedom of assembly and petition include a right of association—the right to associate with others to promote causes.
The freedom of association also means that a State cannot force an organization to accept members when that association would contradict what the organization believes in.Boy Scouts

16. Right to Associate 4.4 NAACP v. Alabama (1958) Facts of the case
Describe the rights to assemble and associate protected by the First Amendment and their limitations
4.4
Right to Associate
NAACP v. Alabama (1958)
Facts of the case
As part of its strategy to enjoin the NAACP from operating, Alabama required it to reveal to the State's Attorney General the names and addresses of all the NAACP's members and agents in the state.
Question
Did Alabama's requirement violate the Due Process Clause of the Fourteenth Amendment?
Unanimous decision for National Association for the Advancement of Colored People Yes. The unanimous Court held that a compelled disclosure of the NAACP's membership lists would have the effect of suppressing legal association among the group's members. Nothing short of an "overriding valid interest of the State," something not present in this case, was needed to justify Alabama's actions.
The right to associate with like-minded people is constitutionally protected. When a group is interested in political change, government is sometimes curious to get its hands on group membership lists. In 1958, the Court ruled that Alabama had no right to force the NAACP to turn over its membership list.
In 2006, the Court forbade college campuses from prohibiting military recruiters, mentioning that faculty and staff are free to exercise their free speech rights to disagree with the military’s message.