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Published byAnjali Chinery
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Essential Question How does the Constitution protect citizen rights?
Citizen Rights (1)
Freedom of Speech Democratic government requires every person has the right to speak freely
Pure Speech Verbal expression of opinion before an audience that has chosen to listen
Symbolic Speech Using actions and symbols to express opinions
Texas v. Johnson (1989) Flag-burning is protected as symbolic speech
Limiting Speech Right of free speech must be balanced against the need to protect society
Seditious Speech Any speech urging resistance to lawful authority or advocating the overthrow of the government
Court Guidelines Three constitutional tests to establish limits on speech: a.The clear and present danger rule b.The bad tendency doctrine c.The preferred position doctrine
Clear and Present Danger When the speech in question clearly presents an immediate danger
Schenck v. United States (1919) Schenck urged draftees to obstruct the war effort in WWI During wartime this speech threatened the well-being of the nation
The Bad Tendency Doctrine Gitlow v. New York (1925) Speech restricted if it had a tendency to lead to illegal action
Preferred Position Doctrine First Amendment freedoms hold a preferred position over competing interests Government must show limiting them is absolutely necessary
Brandenberg v. Ohio KKK leader arrested for refusing to end a rally and cross burning Court ruled in his favor as there was no evidence his speech intended to create immediate acts of violence
Defamatory Speech 1 st Amendment does not protect false speech that damages a person’s name Slander – spoken Libel - written
“Fighting Words” Words so insulting they provoke immediate violence Do not constitute free speech
Freedom of the Press At times the right of the press to gather and publish information conflicts with other rights
Prior Restraint Censoring of the press by government Can only occur in cases related to national security
Sheppard v. Maxwell (1966) Overturned conviction of murderer because of pre-trial press coverage
Reno v. American Civil Liberties Union (1997) Internet speech deserves the same First Amendment protection as print media
Freedom of Assembly Right of the people to peaceably assemble and petition the government
DeJonge v. Oregon (1937) DeJonge was convicted of holding a Communist Party meeting Conviction overturned as peaceful assembly for discussion
Public Assembly Freedom includes right to parade and demonstrate in public
Cox v. New Hampshire (1941) A city can require a parade permit in order to march because of safety to citizens
Grayned v. City of Rockford Upheld a ban on demonstrations near schools that were intended to disrupt classes
The Skokie Case (1977) The American Nazi Party planned to hold a rally in a Jewish suburb of Chicago Court allowed the march
Feiner v. New York (1950) Police arrested a man whose public speaking incited a violent crowd response Court upheld his arrest as an act to keep the peace
Objective; describe the kinds of speech the 1st Amendment does and does not protect.
CHAPTER 13, SECTION 3 FREEDOM OF SPEECH. TYPES OF SPEECH Pure speech – verbal expression of thought and opinion before an audience that has chosen to.
LIBERTY PURSUIT OF HAPPINESS
Government Chapter 13 Civil Liberties We skipped 12, deal with it. Not 58 terms.
Section 3 Introduction-1
Chapter 13.5 Freedom of Assembly Government Mr. Biggs.
Freedom of Speech and Press. Freedom of Expression The 1 st amendment has two guarantees on freedom of expression #1 Guarantee to each person a right.
Freedom of Speech First Amendment Expression, Speech and Symbolic Speech.
Freedom of Assembly.
Freedom of Speech. What is Free Speech? Incorporation Gitlow v. N.Y. (1925): 14 th Amendment’s “due process clause” protects citizens’ fundamental rights.
Types of Speech Pure Speech –Calm –Passionate –Private –Public Supreme Court has provided the strongest protection.
Freedom of Speech.
Protection of Freedom of Assembly Without this freedom, there would be no interest groups and no political parties.
Section 5 Introduction-1
Speech and Press What is free?. Speech Ability to disagree with majority Pure speech- verbal expression before an audience that has chosen to listen Symbolic.
Chapter 19: Civil Liberties: First Amendment Freedoms Section 3
Constitutional Freedoms. Constitutional Rights The Constitution guarantees the basic rights of United States citizens in the Bill of Rights. Today,
B C D E A B C D E F G H I J A B C D E F G H I J A 1 pt 2 pts 3 pts.
Essential Questions: How have courts defined (protected/denied) individual rights over time?
1. What are some freedoms that we have in our daily lives as US citizens? 2. Can your freedoms ever be taken away or limited? (explain!)
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