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STANDARD(S): 12.1 Students explain the fundamental principles and moral values of American democracy. LEARNING OBJECTIVES/ GOALS/ SWBAT 1.Explain the importance.

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Presentation on theme: "STANDARD(S): 12.1 Students explain the fundamental principles and moral values of American democracy. LEARNING OBJECTIVES/ GOALS/ SWBAT 1.Explain the importance."— Presentation transcript:

1 STANDARD(S): 12.1 Students explain the fundamental principles and moral values of American democracy. LEARNING OBJECTIVES/ GOALS/ SWBAT 1.Explain the importance of the two basic purposes served by the guarantees of free expression. 2.Summarize how the Supreme Court has limited seditious speech and obscenity. 3.Examine the issues of prior restraint and press confidentiality, and describe the limits the Court has placed on the media. 4.Define symbolic and commercial speech; describe the limits of their exercise.

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3 Copyright © Pearson Education, Inc.Slide 3 Chapter 19, Section 3 Key Terms libel: the false and malicious use of printed words slander: the false and malicious use of spoken words Obscene: Sexually offensive to others Censorships: Not allowing others to view materials symbolic speech: expressing an idea by one’s conduct picketing: patrolling a workplace while on strike

4 Copyright © Pearson Education, Inc.Slide 4 Chapter 19, Section 3 Additional Key Terms, cont. prior restraint: banning an idea before it is expressed injunction: a court order shield laws: laws protecting lawyers from giving up confidential sources sedition: the crime of attempting to overthrow the government by force or disrupt it by violent acts seditious speech: advocating sedition

5 Copyright © Pearson Education, Inc.Slide 5 Chapter 19, Section 3 Introduction What are the limits on the guarantees of free speech and free press? –No person has the right to libel or slander another person. –It is illegal to encourage others to commit a crime. –Laws can ban the use of obscene words, printing or distributing obscene materials, and false advertising.

6 Copyright © Pearson Education, Inc.Slide 6 Chapter 19, Section 3 Free Expression The 1 st amendment guarantees each person the right of free expression by speech, writing, and all other means of communication. –The 14 th Amendment extends this federal right to citizens of every state. Everyone has the right to hear what others have to say on public issues. –Only an informed populace can make good decisions about public policy.

7 Copyright © Pearson Education, Inc.Slide 7 Chapter 19, Section 3 Seditious Speech Congress has passed several laws banning seditious speech. –The Alien and Sedition Acts of 1798 punished government critics. –The Espionage Act of 1917 made it a crime to say, write, or publish disloyal comments about the government. –The Smith Act of 1940 makes it a crime to urge or plan the violent overthrow of the American government.

8 Copyright © Pearson Education, Inc.Slide 8 Chapter 19, Section 3 What Counts as Sedition? In Schenck v. United States, the Supreme Court established the “clear and present danger rule.” –Words can be banned if there is a strong risk that they will encourage criminal activity. In Yates v. United States, the Court ruled that it is not illegal to urge someone to believe something but it is illegal to urge them to do something.

9 Copyright © Pearson Education, Inc.Slide 9 Chapter 19, Section 3 Obscenity It is illegal under federal and state law to distribute obscene material. The Supreme Court created a three-part test to determine if something is obscene. Material is obscene if it: –Incites lust according to local community standards –Deals with sexual conduct banned in an anti- obscenity law –Lacks serious literary, artistic, political, or scientific value

10 Copyright © Pearson Education, Inc.Slide 10 Chapter 19, Section 3

11 Copyright © Pearson Education, Inc.Slide 11 Chapter 19, Section 3 Prior Restraint Government censorship is usually illegal. Censorship may be allowed if published material could endanger national security. –This rule has been applied to censor material distributed in military bases and federal prisons or about the CIA.

12 Copyright © Pearson Education, Inc.Slide 12 Chapter 19, Section 3 Prior Restraint, cont. Checkpoint: How has the Supreme Court ruled on student speech? –Public schools have a broad power to censor “school-sponsored expressive activities,” including school newspapers and plays. –School officials must show that their censorship is in the educational interest of the school.

13 Copyright © Pearson Education, Inc.Slide 13 Chapter 19, Section 3 Guided Reading CASEDATERULING Schenck v. United States upheld conviction of Schenck for obstructing the war effort by sending out leaflets urging drafted men to resist the draft Miller v. California established a three-part test to determine obscenity based on if the material ( 1) excites lust according to an average person's standards; (2) deals with a form of sexual conduct specifically covered in an anti­ obscenity law; and (3) has no literary, artistic, political, or scientific value New York Times v. United States upheld the "heavy presumption" of the unconstitutionality of prior restraint by allowing the New York Times to publish the Pentagon Papers

14 Copyright © Pearson Education, Inc.Slide 14 Chapter 19, Section 3 The Media The Supreme Court has ruled that under federal law, news reporters must testify in court even if it means revealing confidential sources. –Some 30 states have passed shield laws that give reporters some rights to withhold confidential sources.

15 Copyright © Pearson Education, Inc.Slide 15 Chapter 19, Section 3 The Media, cont. Freedom of the press does not give the movie industry as much protection as newspapers. Films can be censored. Radio and television receive the least 1 st Amendment protection. –Radio and TV stations are licensed to broadcast their signals on publicly owned airwaves. –Such stations have no guaranteed 1 st Amendment right to broadcast their material. –Instead, they fall under the commerce power of Congress.

16 Copyright © Pearson Education, Inc.Slide 16 Chapter 19, Section 3

17 Copyright © Pearson Education, Inc.Slide 17 Chapter 19, Section 3 The Media, cont. Radio and TV are heavily regulated by the Federal Communications Commission (FCC) The FCC can refuse to license stations that use indecent language. Cable TV has fewer regulations.

18 Copyright © Pearson Education, Inc.Slide 18 Chapter 19, Section 3 The Media, cont. The few Supreme Court cases dealing with the Internet have involved laws aimed at stopping the distribution of pornography online. Most of these laws have been overturned, except for the Children’s Internet Protection Act.

19 Copyright © Pearson Education, Inc.Slide 19 Chapter 19, Section 3 Guided Reading CASEDATERULING 6. Branzburg v. Hayes held that expression through motion pictures is protected by the 1st and 14th amendments Burstyn v. Wilson held that expression through motion pictures is protected by the 1 st and 14 th amendments 9. Red Lion Broadcasting Co. v. FCC 1940Held that television is protected by the first amendment, but its protection is very limited. 10. Thornhill v. alabama 1940Struck down a law that made picketing a place of business a crime Greater New Orleans Broadcasting Association v. United States struck down a federal law that barred casinos from advertising on radio or television

20 Copyright © Pearson Education, Inc.Slide 20 Chapter 19, Section 3 Symbolic Speech Symbolic speech is the expression of ideas by a person’s conduct and is often meant as an act of dissent. –An example is picketing a workplace while on strike to draw public attention to a controversy. Peaceful picketing is protected speech. –Burning the American flag or a cross as a political protest is also protected speech according to the Supreme Court.

21 Copyright © Pearson Education, Inc.Slide 21 Chapter 19, Section 3

22 Copyright © Pearson Education, Inc.Slide 22 Chapter 19, Section 3 Symbolic Speech, cont. Checkpoint: When are acts of dissent by speech punished? –If the object of the protest is within the constitutional powers of the government –If whatever restriction is placed on expression is no greater than necessary –If the government’s real intent is not to prevent dissent

23 Copyright © Pearson Education, Inc.Slide 23 Chapter 19, Section 3

24 Copyright © Pearson Education, Inc.Slide 24 Chapter 19, Section 3 Commercial Speech Commercial speech most often refers to advertising. The Supreme Court usually strikes down arbitrary bans on advertising. The government can ban false and misleading advertisements or the advertising of illegal goods and services. Congress has also banned tobacco ads on radio and television.

25 Copyright © Pearson Education, Inc.Slide 25 Chapter 19, Section 3 Review Now that you have learned about the limits on the guarantees of free speech and free press, go back and answer the Chapter Essential Question. –How can the judiciary balance individual rights with the common good?

26 Copyright © Pearson Education, Inc.Slide 26 Chapter 19, Section 3 Guided Reading CASEDATERULING Libel14. false and malicious use of printed words Slander15.false and malicious use of spoken words Sedition16.crime of trying to overthrow the government by force or disrupt government's lawful activities by violent acts Seditious Speech17.the advocating of conduct that tries to over­ throw the government by force or disrupt legal activities by violent acts Prior Restraint18.the attempt to stop expression of ideas before they are expressed Shield Law19.any law that protects reporters from having to reveal their sources or confidential information in a State that has such a law Symbolic speech20.conduct that expresses an idea Picketing21.workers on strike patrolling a business site


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