1. Freedom of Speech Press, Assembly, Petition
Copy the bold, these notes are lengthy

2. Civil Liberities Protection against government
Safety of persons, opinions, property
(freedom religion, speech, press, fair trial)

3. Civil Rights
Positive acts of government that seek to make constitutional guarantees a reality for all people
Prohibition of discrimination based on race, sex, religion

4. Freedom of Speech
The first Amendment covers the right to Freedom of speech.
The court has maintained that this right is not absolute however.

5. Restrictions Libel- printed word that is untrue about someone else
Slander- the false and malicious use of spoken words
Sedition- advocating the violent overthrow of the government
Speech that is deemed obscene

6. Obscenity Cannot circulate (mail) Libraries filters block websites
Specific zones
In the Supreme Court Case Miller v California, the court set up a three part test for determining what is obscene

7. The Miller Test
1. The average person applying the contemporary, local standards finds that the work taken as a whole, appeals to the “prurient” (sexual) interest
2. the work depicts or describes in a patently offensive way a form of sexual conduct specially dealt with in an antiobscenity law
3. the work taken as a whole lacks serious literary, artistic, political or scientific value.

8. Alien and Sedition Acts 1798
1798 The government was given the power to make “any false, scandalous, and malicious” criticism of the government a crime.
These acts expired in 1801
1917 Made it a crime to interfere with the war in anyway.
Also was a crime to “willfully utter, print, write, or publish any disloyal, profane, scurrilous or abusive language about the form of government of the United States”

9. Schenck v. United States
Schenck v United States Schenck sent to prison in violation of the sedition acts. Court agreed
Clear and Present Danger- circumstances limits can be placed on speech, assembly, press

10. The Smith Act It was a crime to:
1. Advocate the violent overthrow of our government
2. distribute any material that teaches or advises overthrow
3. to knowingly belong to any group with such an aim

11. New York Times v United States
Daniel Ellsberg leaked hundreds of pages of secret documents to the New York times regarding U.S. policies during the Vietnam war.
- the court held the government would have to prove that the papers publication would hurt national security.

12. Flag Burning Cases
United States v Eichman 1990 ruled the government may not prevent you from burning a flag to express your ideas
Texas V Johnson similar flag burning case a year earlier.

13. Radio and Television
The Federal Communications Commission or FCC regulates television and radio.
Congress has forbidden the FCC to censor the content of programs before broadcasting.

14. How Does FCC WORK?
They may fine stations for inappropriate conduct and may use such infractions when considering whether or not to renew station licenses.

15. Freedom of Press
Thomas Jefferson argued this was your most important right
He felt you needed to be informed so you could make decisions

16. Prior Restraint
Censor information prior to publication

17. Press and Trials Judges restrain coverage of trial Limit reporters
Move trial
Isolate witnesses
Jury sequestered
Gag order

18. Shield Laws
Branzburg v Hayes ruled that reporters must reveal their sources if asked.
30 states have passed “shield laws” protecting sources

19. Panther Print???
In Hazelwood School District v Kuhlmeier the court ruled that the school newspaper was subject to censorship by the principal at that school

20. Exceptions CIA agents publishing information
Political publications for distribution on military bases

21. Freedom of assembly and Petition
Peaceably gather together to express view on public matters
Bring views to public official (petitions, letters, advertisements, lobbying, parades, marches etc.)

22. Exceptions Cannot incite violence Block public streets Close a school
Endanger life, property, public order
Private property

23. Time-Place-Manner
Makes noise or causing other diversion near a school if the action disrupts school activity
Forbids parades near a courthouse when they are intended to influence court proceedings

24. Limitations on Demonstrations
Obtain a permit
Airports, libraries, courthouses, schools, swimming pools, jails

25. Heckler’s Veto
Public vetoes the free speech and assembly rights of unpopular groups by claiming that demonstrations will result in violence

26. Picketing
Labor dispute
Other picketing forbidden in front of business