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BAILEY BARTESCHI, RYAN CAVIOLA, ANDRE COLANDONE AND MIRANDA MCDONALD P4 Gitlow v. New York (1925) Argued: April 11, 1923 Re-argued: November 22, 1923 Decided:

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Presentation on theme: "BAILEY BARTESCHI, RYAN CAVIOLA, ANDRE COLANDONE AND MIRANDA MCDONALD P4 Gitlow v. New York (1925) Argued: April 11, 1923 Re-argued: November 22, 1923 Decided:"— Presentation transcript:

1 BAILEY BARTESCHI, RYAN CAVIOLA, ANDRE COLANDONE AND MIRANDA MCDONALD P4 Gitlow v. New York (1925) Argued: April 11, 1923 Re-argued: November 22, 1923 Decided: June 7, 1925

2 Gitlow v. New York (1925) Benjamin Gitlow was convicted for violating the Anarchy Law for distributing his publication Gitlow argued his right of First Amendment New yorks Supreme Court argued violation of Anarchy Law and 14 th amendment. Main precedent- Barron v. Baltimore (1833)

3 What do you think and why? Gitlow v. New York (1925)

4 Ruling 7-2 in favor of New York Explanation : The precedent Barron v. Baltimore was overturned. The Bill of Rights cannot be denied to citizens by states. The court said the government may punish speech that promotes violence or unlawful overthrow of the government.

5 ARGUED: NOVEMBER 11, 1968 DECIDED: FEBRUARY 23,1969 Tinker v. Des Moines (1969)

6 High school students (represented by Tinker) wore armbands to school for silent protest about Vietnam war Principals made plan to suspend all students wearing armbands Two students were suspended and sued school (Des Moines) for violation of First Amendment District court dismissed case, The U.S. court of Appeals for the Eighth Circuit upheld lower court’s decision

7 Tinker v. Des Moines (1969) What do you think and why?

8 Tinker v. Des Moines (1969) Explanation : The Supreme Court held that the students did not lose their First Amendment right to freedom of speech and wearing the armbands represented pure speech and are separate from the actions or conduct of those participating in it. Ruling 7-2 in favor of Tinker

9 ARGUED: OCTOBER 13, 1987 DECIDED: JANUARY 13, 1988 Hazelwood v. Kuhlmeier (1988)

10 The Spectrum is completely run by students Principal found two articles inappropriate and censored them Cathy Kuhlmeier and two other students sued the Hazelwood School District for violation of First Amendment Main Precedents- Tinker v. Des Moines (1969) and Bethel v. Fraser (1986)

11 Hazelwood v. Kuhlmeier (1988) What do you think and why?

12 Hazelwood v. Kuhlmeier (1988) Ruling 5-3 in favor of the Hazelwood School District Explanation: The US Supreme Court held that the principal’s actions did not violate the students’ First Amendment right. The journalism students write articles fit to requirements that are subject to appropriate editing by the school.

13 ARGUED: MARCH 19, 1997 DECIDED: JUNE 26, 1997 Reno v. ALCU (1997)

14 After Cyberporn Panic of 1995, congress created the Communications decency Act in 1996. Protecting minors from explicit content on the web. People thought it violated the First Amendment. American Civil Liberties Union (ALCU), with support of Bruce J. Ennis Jr, challenged the case. Janet Reno represented the United States against the ACLU. Went straight to the Rehnquist Supreme Court (dealt with government) Main Precedents- Ginsberg v. New York (1968), F.C.C. v. Pacifica Foundation (1978), and Renton v. Playtime Theatres, Inc. (1986) ALCU argued that it provided speech censorship that was too broad to be constitutional. Less restrictive alternatives could achieve the same purpose the CDA was intended to.

15 Reno v. ALCU (1997) What do you think and why?

16 Reno v. ALCU (1997) Ruling 9-0 in favor of ACLU Explanation: They found that the CDA was indeed in violation of the first Amendment. They thought the CDA lacked precision that the first amendment requires when trying to censor a certain aspect of free speech. It placed a burden on adults speech that could have been done in different ways without consisting of a broad variety of restrictions. It didn’t define the restrictions clearly enough in the first place.

17 Thanks for playing along


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