1. Intro to Constitutional Law Freedom of Speech

2. Intro Founding Fathers knew that the Constitution might need to be changed

3. Intro Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment process:

4. Intro Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment process: Congress passes, and ¾ of state legislature ratify

5. Intro Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment process: Congress passes, and ¾ of state legislature ratify Congress passes, ¾ of state conventions ratify

6. Intro Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment process: Congress passes, and ¾ of state legislature ratify Congress passes, ¾ of state conventions ratify Proposed by nat’l convention that was called to order by Congress, after 2/3 of the state legislatures had asked Congress to do so (ratified by the State legislatures)

7. Intro Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment process: Congress passes, and ¾ of state legislature ratify Congress passes, ¾ of state conventions ratify Proposed by nat’l convention that was called to order by Congress, after 2/3 of the state legislatures had asked Congress to do so (ratified by the State legislatures) Same as above, but ratified by ¾ of the conventions

8. Intro The rights guaranteed in the Constitution are not absolute

9. Intro The rights guaranteed in the Constitution are not absolute The court generally applies “tests” to the situations

10. Intro The rights guaranteed in the Constitution are not absolute The court generally applies “tests” to the situations These tests are necessary b/c the Constitution is vague

11. Intro The Constitution protects citizens from the government

12. Intro The Constitution protects citizens from the government The enforcement of rights can be time- consuming and expensive

13. Freedom of Speech 1 st amendment protects both those making communication and those receiving it

14. Freedom of Speech 1 st amendment protects both those making communication and those receiving it Essentially, the right of free speech is fundamental to the process of self-government

15. Freedom of Speech 1 st amendment protects both those making communication and those receiving it Essentially, the right of free speech is fundamental to the process of self-government While it appears absolute, “Congress shall make no law…”

16. Freedom of Speech 1 st amendment protects both those making communication and those receiving it Essentially, the right of free speech is fundamental to the process of self-government While it appears absolute, “Congress shall make no law…” This is where the tests enter in: “yelling fire in a crowded theater”

17. Freedom of Speech 1 st amendment protects both those making communication and those receiving it The most difficult part of ensuring free speech is protecting those ideas which are unpopular

18. Obscenity Anything that exceeds recognized standards of decency

19. Obscenity Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what is obscene

20. Obscenity Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what is obscene Justice Potter Stewart once said “I can’t define pornography, but I know it when I see it.”

21. Obscenity Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what is obscene Justice Potter Stewart once said “I can’t define pornography, but I know it when I see it.” Basic guidelines: Would the average person be offended

22. Obscenity Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what is obscene Justice Potter Stewart once said “I can’t define pornography, but I know it when I see it.” Basic guidelines: Would the average person be offended Does the work portray something illegal

23. Obscenity Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what is obscene Justice Potter Stewart once said “I can’t define pornography, but I know it when I see it.” Basic guidelines: Would the average person be offended Does the work portray something illegal Does the work have value (artistic, political, etc.)

24. Defamation False expression about a person that damages a person’s reputation

25. Defamation False expression about a person that damages a person’s reputation Not protected by the first amendment

26. Defamation False expression about a person that damages a person’s reputation Not protected by the first amendment This is known as libel (written) and slander (spoken)

27. Commercial Speech Speech that generally appears in advertisements

28. Commercial Speech Speech that generally appears in advertisements In general, there is a ban on speech that is false or misleading, or is advertising an illegal product

29. Commercial Speech Speech that generally appears in advertisements In general, there is a ban on speech that is false or misleading, or is advertising an illegal product Ex. The ban on cigarette advertising on TV/Radio