1. 1 Freedom of Speech, Press, and Assembly Combined we know these freedoms as our freedom of expression

2. 2 Fundamental importance of our Freedom of Expression 1. Guarantee each person the right of free expression so that a wide range of public affairs can be discussed. 2. The right of expression was intended to protect unpopular views---Supreme Court Justice Oliver Wendell Holmes described it this way—” freedom for the thought we hate”---He said majority opinions need little or no Constitutional protection. Do you agree with him??????????? Do you agree with him???????????

3. 3 Types of Expression that are not protected 1. Obscene words and materials (but what is obscene?) 2. Words that prompt others to commit a crime. (Charles Manson---Huey Newton) Slippery slope because belief can not be punished—only actions. Slippery slope because belief can not be punished—only actions. 3. Slander and libel—spoken and written words that are false and cause harm to another person. slander deals with spoken words slander deals with spoken words libel deals with written words libel deals with written words 4. Student speech can be restricted at school.

4. 4 Slander and Libel Can public officials recover damages for published criticisms that are false, and or exaggerated??????? No, unless the published article was made with malicious intent NY Times v. Sullivan 1964 NY Times v. Sullivan 1964 Malicious intent would be defined as knowing something is false but printing it anyway so that you could purposefully harm someone.

5. 5 Can a public figure (movie star, sports star, Television Evangelist) recover damages ($) when they are made fun of in a false and unkind manner by a publication? In almost every instance No, Hustler Magazine v. Falwell 1988 Falwell won his case in a lower federal court right here in Roanoke—but the decision was overturned by the Supreme Court.

6. 6 Seditious Speech Defined as advocating, or urging the overthrow of the government by force or to disrupt its lawful activities by violent acts. 1798 Alien and Sedition Acts Gave Federalist President Adams the power to deport aliens. It also made any false, scandalous, and malicious criticism of the government a crime. Gave Federalist President Adams the power to deport aliens. It also made any false, scandalous, and malicious criticism of the government a crime. Law was meant to quiet Anti-Federalist criticism of the President. 25 persons arrested---10 convicted 25 persons arrested---10 convicted all pardoned by Jefferson when he became President. all pardoned by Jefferson when he became President.

7. 7 The Sedition Act of 1917 Passed during World War I ---made it a crime to encourage disloyalty, interfere with the draft, obstruct recruitment, incite insubordination in the armed service, or hinder the sale of government bonds. Also to willfully utter, print, write, or publish any disloyal, profane, scurrilous or abusive language about the government of the United States. Also to willfully utter, print, write, or publish any disloyal, profane, scurrilous or abusive language about the government of the United States. 2000 persons convicted under law.

8. 8 Constitutionality of 1917 Sedition Act questioned Can a member of the Socialist Party distribute leaflets which urged men to resist the draft????????????? No, Schenk v. U.S. 1919 Justice Holmes spoke for the majority of the court. He said “words can be outlawed, and those who say them can be punished, when the words trigger an immediate danger that criminal acts will follow”. Justice Holmes spoke for the majority of the court. He said “words can be outlawed, and those who say them can be punished, when the words trigger an immediate danger that criminal acts will follow”. Becomes known as the “Clear and Present Danger Doctrine”. How was the distribution of these leaflets a “clear and present danger”?

9. 9 1940 Smith Act Law made it a crime to advocate the violent overthrow of the government, to distribute any material that teaches or advises violent overthrow, or to knowingly belong to any group with such aim. Does membership in the Communist Party violate this law? In 1951 the Supreme Court said yes and allowed the conviction of a person who was a member of the Communist Party under the Smith Act to stand. However, in 1957 they changed their mind and said “to merely urge someone to believe something cannot be made illegal”—today a person can be a member of the Communist Party if they want. In fact Communist have sometimes been elected to public office.

10. 10 Obscenity The first and fourteenth amendment do not protect obscenity. However, defining what is obscene is been very difficult. In 1957 The Supreme Court upheld a law passed by Congress which made it a federal crime to use the mail to transport obscene materials.

11. 11 How do you define what’s obscene??????????????? 1973 Miller v. California Supreme Court creates three part test for obscenity. 1. The average person applying community standards finds the work appealing to only prurient interest. 2. The work depicts or describes a form of sexual conduct dealt with in antiobscenity law. 3. The work lacks serious literary, artistic, political, or scientific value

12. 12 Can a city regulate the location of adult entertainment? Yes, Young v. American Mini Theaters 1976 Can the Federal and State government make it a crime to possess, view, or transport through the mail child pornography??? Yes, Osborne v. Ohio 1990 Can a city ban taverns, bars, and clubs that feature nude dancing? Yes, City of Erie v. Paps A&M 2000

13. 13 Review for Part 1 Quiz What was the viewpoint of Oliver Wendell Holmes concerning Freedom of Expression? What types of expression are not protected? Be able to define slander, libel, and malicious intent, and seditious speech What happened in the Hustler Magazine vs. Falwell case? Be able to describe: the 1798 Alien and Sedition Act; Sedition Act of 1917; 1940 Smith Act Is the transportation of obscene material illegal? What was the three part test established by Miller vs. California? Can a city regulate the location of adult entertainment? What happened in the Skokie case?

14. 14 Review Continued What are the three legal methods by which governments may limit the right to peacefully assemble? Who was Joseph McCarthy? From what sources will you find the origin of our right of assembly and petition? Why does the Supreme Court say that Americans have a right to associate with whom they wish even though the right to association is not found in the Constitution?

15. 15 Does the News Media have an Agenda? Lead in on ABC news radio to Va. Tech shooting story: “in a part of Virginia where hunting is popular and guns are common” “in a part of Virginia where hunting is popular and guns are common” Is the reporter trying to imply something? What? Is this fair and appropriate reporting?

16. 16 Censorship The Constitution allows the government to punish someone for their expression after it is made; However, can government stop the expression before it is made???? This is called “Prior Restraint” or Censorship This is called “Prior Restraint” or Censorship The Supreme Court has said that the general rule is that with almost no exception can government place prior restraint on expression.

17. 17 Can the state of Minnesota stop the printing of an anti-Semitic (anti-Jewish) newspaper? No, 1931 Near v. Minnesota Censorship can only be used in extreme cases such as wartime, obscenity, or incitation to violence.

18. 18 Presumption of unconstitutionality Today, any case coming before the Federal Courts, that deals with government censorship, is considered unconstitutional upon arrival, and it is up to the government to explain why there should be an exception.

19. 19 Pentagon Papers Case 1971 N.Y. Times v. United States A document known as “The History of U.S. decision making process on Vietnam Policy” was stolen from the Pentagon. The document was labeled “Top Secret”. The document was labeled “Top Secret”. It was given to the N.Y. Times and they wanted to print it. The U.S. Government objected and attempted to stop the printing. The Supreme Court sided with the N.Y. Times because the government could not prove that National Security was endangered.

20. 20 Censorship/Prior Restraint that has been judged Constitutional Regulations limiting distributions of political materials on a military base. Regulation that required retired CIA agents to first get the permission of the CIA before publishing anything about the CIA. Regulation in federal prison that allows officials to prevent an inmate from receiving certain publications. School officials can censor school newspapers and plays.

21. 21 Can reporters be forced to testify in a court of law about information they might have uncovered involving a criminal case? Reporters claim that they should not because they are protected by the First Amendments Freedom of the Press. (Valarie Plame case) The Supreme Court has disagreed and says that like other citizens reporters must respond to relevant questions. Thirty states have passed “Shield Laws” to give reporters limited protection in state courts. However, no such protection exist in Federal Court.

22. 22 Radio and Television In 1934 the Congress passed the Federal Communications Act. Since that time radio and television have been subject to extensive regulation from the Federal Communications Commission (one of many federal regulatory commissions or agencies). The Supreme Court has said that “Broadcasting over the airways receives the least of protection from the 1 st. Amendment. Why? What makes television and radio different from newspapers and magazines? Television and Radio broadcast over the “public airways”. Pay cable channels have more first amendment freedom. U.S. V Playboy Entertainment 2000 Supreme Court declares law unconstitutional. Supreme Court declares law unconstitutional.

23. 23 FCC regulates television and radio CBS was fined $500,000 by the FCC for allowing the Janet Jackson wardrobe malfunction to happen during half time of the 2004 Super Bowl. Howard Stern and the radio stations that have his program have been fined by the FCC.

24. 24 Symbolic Speech Expression by Conduct Can school systems have dress codes or school uniforms? Yes—however, the rules should reflect their clothes not their personal appearance. Personal appearance items like piercing, hair color, and hair length can not be regulated unless it presents a health threat.

25. 25 Picketing as symbolic speech Can workers patrol a business site and protest working conditions and pay? Yes, as long as it is peaceful and does not block access to the business.

26. 26 Free Speech and the workplace Can a police officer, on his own time, provide a web site that offers visitors a strip tease for a certain amount of money. (Officer starts with his police uniform on) The police department warned the police officer and when he refused to stop he was fired. No, the Supreme Court unanimously found that the police officers actions were “detrimental to the mission and function of the employer”.

27. 27 The flag and free speech Can the federal, state, or local government make it a crime to burn the flag in protest or show disrespect to the flag in any manner? No—Protected action by first amendment There has been some talk about adding an amendment to the Constitution to make burning the flag a crime.

28. 28 Political Contributions and free speech Can the federal, state, or local government regulate a persons political donations? (how much, when, make them public) (how much, when, make them public) Yes, but in a very limited manner. Yes, but in a very limited manner.

29. 29 Commercial Speech You may not advertise illegal goods You may not advertise falsely or in a misleading manner.

30. 30 Can the Boy Scouts (a private organization) exclude homosexuals from their organization? Yes---they are a private organization and therefore have what is called freedom of association which is a form of expression.

31. 31 Can a school system punish students for wearing black armbands as a form of protest against government actions? No Protected by 1 st. Amendment