1 st ten amendments basic freedoms protect citizens from a overly-powerful central gov’t
Freedom of Speech Right to express ideas and opinions
Right to express ideas and opinions in writing
Right to gather Must be peaceful If purpose is to incite violence, gov’t has right to dispurse
Right to ask government to propose a law Right to ask gov’t to pass a law Right to ask gov’t to enforce a law
Gov’t CANNOT regulate… Content of speech Gov’t CAN regulate… Time – when Place – where Manner – how
“Fighting Words” Language (written and spoken) that incites/provokes violence/harm People believe language = a real threat Libel: False written statement that causes harm Slander: False spoken statement that causes harm
1. Does it appeal to unwholesome interests of an average person (the darkside…)? 2. Does it show or describe offensive conduct in offensive ways? Literary Is there value? Artistic Is there value? Political Is there value? Scientific Is there value? 3. The LAPS test
Not permitted or protected 1993 ruling: Movement of this information over internet or electronic devices = illegal Predators on internet = illegal
All ads’ claims have to be TRUE! Ways around this: “Some results may vary” Some ads are restricted for placement (i.e. smoking ads near an elementary school)
Establishment Clause Gov’t cannot establish a national gov’t or favor one religion over another Free Exercise Clause Gov’t cannot stop people from practicing religious beliefs Secular: refers to things in gov’t that are non-religious (i.e. science curriculum in schools)