Presentation on theme: "DATE: APRIL 9, 2013 TOPIC: FREEDOM OF EXPRESSION AIM: HOW IS THE FREEDOM OF EXPRESSION PRESENTED IN THE FIRST AMENDMENT? DO NOW: INCORPORATION DOCTRINE."— Presentation transcript:
DATE: APRIL 9, 2013 TOPIC: FREEDOM OF EXPRESSION AIM: HOW IS THE FREEDOM OF EXPRESSION PRESENTED IN THE FIRST AMENDMENT? DO NOW: INCORPORATION DOCTRINE – WHAT IS IT?
FIRST AMENDMENT. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. THESE ARE FREEDOMS OF EXPRESSION – NOTICE THAT EXPRESSION HAS NOT BEEN SPECIFICALLY MENTIONED IN THE AMENDMENT.
SPECH AND NATIONAL SECURITY PRIOR RESTRAINT – CENSORSHIP – SAY IT WITH ME! Schenck v. United States (1919) – establishes the clear and present danger test on speech. Supreme Court has ruled continuously in favor of expression rights: a.) Calculated to incite – overthrow of government. b.) Would the speech cause imminent unlawful action. c.) Symbols are protected – they would have to cause direct harm – displaying the symbol is not enough. WHY WOULD THE SUPREME COURT RULE THIS WAY?
FOUR FORMS OF SPEECH NOT GIVEN FULL PROTECTION. A.) Libel – writing that defames the character of another person. United States – you must show that the statement was false. Show statement made with actual malice – knowledge that the words were false. New York Times v. Sullivan (1964) – to libel a public figure there must be actual malice.
b.) Obscenity – has no redeeming social value. What is obscene? Miller v. California (1973) – obscenity defined as prurient interests of an average person with materials that lack literary, artistic, political, or scientific value. c.) Symbolic Speech How can we define symbolic speech? Burning a draft card considered illegal – US can protect the draft cards. Not the flag – that can only be defined as speech and to limit that would be wrong. Texas v. Johnson (1989) – there may not be a law banning flag burning. FOUR FORMS OF SPEECH NOT GIVEN FULL PROTECTION.
d.) Corporate and Youthful Speech Where have we seen corporate speech protected already? Citizens United v. Federal Election Commission. Restriction to corporations placed on advertising alcohol and gambling. Young people may have less free speech than adults. Have we seen this before? Hazelwood School District v. Kuhlmeier (1988) – the principal could censor articles appearing in the school newspaper. Morse v. Frederick (2007 ) – the principal can limit the speech that promotes drug use. FOUR FORMS OF SPEECH NOT GIVEN FULL PROTECTION.
BETHEL V FRASER - SPEECH GIVEN BY MATTHEW FRASER Matthew Fraser gave the following speech at a high school assembly in support of a candidate for student government office: "I know a man who is firm -- he's firm in his pants, he's firm in his shirt, his character is firm -- but most... of all, his belief in you, the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts -- he drives hard, pushing and pushing until finally -- he succeeds. Jeff is a man who will go to the very end -- even the climax, for each and every one of you. So vote for Jeff for A. S. B. vice-president -- he'll never come between you and the best our high school can be."
TINKER V. DESMOINES (1968) – the wearing of black armbands did not violate the first amendment