Freedom of the Press Freedom of Assembly, Association, and Petition Unit 6: Civil Liberties and Civil Rights, Lesson 2 How has the Supreme Court expanded protections given freedom of the press, freedom of association, and petition? How has the Supreme Court narrowed protection given these liberties?

Criticism of Government Officials Near v. Minnesota (1931) –May a state close a newspaper that calls local officials names? No. Newspapers’ calling local officials names is a form of protected speech which states may not infringe. –Prohibited prior restraint: government may not prevent speech or publication of material they deem harmful before the fact. __________protections given freedom of the press. –Incorporated freedom of the press to the states. New York Times v. Sullivan (1964) –Decision: Statements about public figures are libelous only if made with reckless disregard for truth or knowledge that it was false. Allowed news coverage of civil rights movement. –Protected written statements critical of public officials. New York Times Co. v. U.S. (1971) –May the government prevent publication of the leaked Pentagon Papers in the name of protecting national security? –Court reaffirmed its position on prior restraint, refusing to allow the executive branch to stop the publication of the leaked Pentagon papers in the name of protecting national security. Freedom of the Press

Censorship of obscenity? Student newspapers? Roth v. U.S. (1957) –May the government prohibit literary erotica and nude photos? –Obscenity is not a form of speech protected by the 1st Amendment and may be restricted. Miller v. California (1973) –Affirmed decision that obscenity was not protected by the First Amendment –Established the Miller test, which set standards for measuring and prohibiting obscenity: 1.Major theme appeals to indecent sexual desires applying contemporary community standards 2.Shows in clearly offensive way sexual behavior outlawed by state law 3.Lacks “serious literary, artistic, political, or scientific value” Hazelwood School District v. Kuhlmeier (1988) –School district may censor student newspapers as long as censorship is related to legitimate concerns. Freedom of the Press

Freedom of Assembly, Association, & Petition Association - The right to meet with people who share a common interest, including an intense interest in political change. Assembly - The right to make a statement through marching, picketing, and protesting as a group. Petition - The right to ask government officials to address an issue through petitions, letters, picketing, demonstrations, marches, etc. The courts have protected these rights while allowing the government to regulate their Time, Place, and Manner to protect the rights and safety of others: –May require groups wanting to rally or march to obtain a permit. –Restrictions on assembly must apply to all groups equally. –Certain public facilities (schools, airports, jails) not generally open to the public may be restricted from demonstrations. –The right to assemble does not allow groups to use private property for its own uses (e.g. creates buffer zones around abortion clinics). –Police may disperse demonstrations in order to keep the peace or protect the public’s safety (if demonstrations become violent). Freedom of Assembly, Association, & Petition

DeJonge v. Oregon (1937) –May a state limit DeJonge’s efforts to organize a Communist Party and advocate revolution at meetings? –Organizing and speaking at meetings of a group advocating revolution is a form of assembly protected by the 1st Amendment, and states may not abridge that right. –Used the 14 th Amendment’s due process clause to incorporate freedom of assembly to the states. Hague v. CIO (1937) –May a city ban labor meetings in public places and stop the distribution of pro-labor literature? –City bans on political meetings violate the First Amendment right to freedom of assembly. –Incorporated the 1st Amendment’s freedom of assembly to cities. Freedom of Assembly, Association, & Petition

Freedom of Assembly, Association, and Petition NAACP v. Alabama, 1958 –May Alabama require NAACP, a civil rights organization, to turn over its membership list? –State efforts to require groups to disclose their membership lists violate individuals’ right to freedom of association. _____________ protections given freedom of association. –Incorporated the 1st Amendment’s freedom of association to the states. Freedom of Assembly, Association, & Petition

Global Peace Movement Says No to War February 15, 2003 – More than 10 million people in more than 800 cities across the world march for peace. They call upon the United Nations to not authorize the Bush Administration to go to war against Iraq.