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Essential Question How does the Constitution protect citizen rights?
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Citizen Rights (1)
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Freedom of Speech Democratic government requires every person has the right to speak freely
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Pure Speech Verbal expression of opinion before an audience that has chosen to listen
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Symbolic Speech Using actions and symbols to express opinions
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Texas v. Johnson (1989) Flag-burning is protected as symbolic speech
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Limiting Speech Right of free speech must be balanced against the need to protect society
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Seditious Speech Any speech urging resistance to lawful authority or advocating the overthrow of the government
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Court Guidelines Three constitutional tests to establish limits on speech: a.The clear and present danger rule b.The bad tendency doctrine c.The preferred position doctrine
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Clear and Present Danger When the speech in question clearly presents an immediate danger
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Schenck v. United States (1919) Schenck urged draftees to obstruct the war effort in WWI During wartime this speech threatened the well-being of the nation
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The Bad Tendency Doctrine Gitlow v. New York (1925) Speech restricted if it had a tendency to lead to illegal action
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Preferred Position Doctrine First Amendment freedoms hold a preferred position over competing interests Government must show limiting them is absolutely necessary
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Brandenberg v. Ohio KKK leader arrested for refusing to end a rally and cross burning Court ruled in his favor as there was no evidence his speech intended to create immediate acts of violence
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Defamatory Speech 1 st Amendment does not protect false speech that damages a person’s name Slander – spoken Libel - written
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“Fighting Words” Words so insulting they provoke immediate violence Do not constitute free speech
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Freedom of the Press At times the right of the press to gather and publish information conflicts with other rights
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Prior Restraint Censoring of the press by government Can only occur in cases related to national security
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Sheppard v. Maxwell (1966) Overturned conviction of murderer because of pre-trial press coverage
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Reno v. American Civil Liberties Union (1997) Internet speech deserves the same First Amendment protection as print media
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Freedom of Assembly Right of the people to peaceably assemble and petition the government
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DeJonge v. Oregon (1937) DeJonge was convicted of holding a Communist Party meeting Conviction overturned as peaceful assembly for discussion
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Public Assembly Freedom includes right to parade and demonstrate in public
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Cox v. New Hampshire (1941) A city can require a parade permit in order to march because of safety to citizens
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Grayned v. City of Rockford Upheld a ban on demonstrations near schools that were intended to disrupt classes
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The Skokie Case (1977) The American Nazi Party planned to hold a rally in a Jewish suburb of Chicago Court allowed the march
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Feiner v. New York (1950) Police arrested a man whose public speaking incited a violent crowd response Court upheld his arrest as an act to keep the peace
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