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