The 1st Amendment

And your rights

Alien Terrorists have arrived!!!

• The United States has been invaded by hostile forces from an extraterrestrial, terrorist organization, and the federal government has been over thrown.

• The leader of the new government is a dictator, but will allow American citizens to retain five fundamental liberties guaranteed by the Constitution.

• Select the five fundamental rights that are most important to you.

Rights and FreedomsRight to bear armsFreedom of speechRight to legal council (a lawyer)Protection from cruel and unusual punishmentFreedom of pressRight to jury trialFreedom of religionRight to protestProtection from self-incrimination (‘I plead the 5th’)Protection from unreasonable searches and seizures

(police need a warrant, etc…)

Bill of Rights

1st Amendment Rights

What’s included?

Civil Liberties

Free Speech and Free press

The 1st 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.

It’s a free country dude!!!

But can we say ANYTHING?Should the following types of expression be protected?

Voltaire and free speech

• “I disapprove of what you say, but I will defend to death your right to say it…”– Do you agree with

Voltaire?

• “…unless you will inflict real harm on someone else or cause a riot”– What possible exceptions

(if any) would you make?

Protest against a city policy, by protesters who block the sidewalk

0% 0% 0%0%0%

1. Absolute Protection

2. Protected

3. Little Protection

4. Rarely Protected

5. No Protection

A parade held without a permit

0% 0% 0%0%0%

1. Absolute Protection

2. Protected

3. Little Protection

4. Rarely Protected

5. No Protection

A gay-rights parade held with a permit

0% 0% 0%0%0%

1. Absolute Protection

2. Protected

3. Little Protection

4. Rarely Protected

5. No Protection

A message broadcast by a sound truck in a residential area

0% 0% 0%0%0%

1. Absolute Protection

2. Protected

3. Little Protection

4. Rarely Protected

5. No Protection

Free Speech and Free pressGovernment can and does regulate

TIME MANNER AND PLACE

Of acceptable free speech and free press

The clothing that students wear

0% 0% 0%0%0%

1. Absolute Protection

2. Protected

3. Little Protection

4. Rarely Protected

5. No Protection

Schools - are “places” where speech is far more limited:

TINKER vs. DES MOINES SCHOOL DISTRICT (1969)• Wearing arm bands in school to protest the Vietnam war WAS protected.

– “Students rights don’t stop at the school house gate,” however because school is a “special place,” the school districts are within their rights to determine what type of behavior disrupts school activity

• In this case, the court found the student’s actions not to be disruptive.

– This case is used as a precedent is all other school and student rights cases

Burning the US Flag in protest of the Government

0% 0% 0%0%0%

1. Absolute Protection

2. Protected

3. Little Protection

4. Rarely Protected

5. No Protection

SYMBOLIC SPEECH• Does all conduct amount to

symbolic speech? – No, not robbery, rape, murder,

etc…• those are obviously not protected.

• OBRIEN– Burning the draft card is NOT

protected free symbolic speech

• JOHNSON– Flag-burning is protected free

speech• The Court struck down the state

law in Texas that made it a crime to burn the flag

• if you disallow it, you are disallowing the very thing it stands to protect

– freedom

Singing a vulgar song

0% 0% 0%0%0%

1. Absolute Protection

2. Protected

3. Little Protection

4. Rarely Protected

5. No Protection

Free Speech and Free press• BETHEL SCHOOL DISTRICT v. FRASER (1986) -

Speech at school– (unacceptable speech at student rally)– Speech was filled with sexual innuendos but no direct

obscenity– his behavior, according to Supreme Court WAS disruptive

• It ‘materially and substantially’ disrupted the learning environment

OBSCENE

Obscenity

• Define obscenity.– What is obscene?

• Justice Potter Stewart couldn’t define obscenity, but said “I know it when I see it”

• Is what is obscene in Round Rock the same as what is obscene in Austin???

OBSCENITY IS NOT PROTECTEDBut how do we determine what is obscene?– Laws about obscenities are for the most part aimed at minors.– The Miller case has been used as a precedent when determining what

is obscene.

MILLER CASE (1972) – invoked a 3 pronged test: A. would the average person applying today’s community standards find

the work, taken as a whole as offensive?B. does the work, taken as a whole lack literary, scientific, or political

value?C.does the sexually conduct specifically violate an anti-obscenity law?

Obscenity and Free Speech

Obscenity and the Supreme Court:the Bottom Line

• The Supreme Court has generally left obscenity laws to the communities, thus upholding the community standard imposed by their local laws.

Collins v. Smith(Skokie case)

• Nazis wanted to hold a march in the predominately Jewish town of Skokie, Ill.– The town set the price of the

parade permit at $300,000. The Supreme Court (SC from now on) ruled for the Nazis

• you can’t set the price of a parade permit according to how disgusting group is.

• Also-NAACP v. Alabama- a group can’t be forced to turn over their membership list.

Protesting against the government

0% 0% 0%0%0%

1. Absolute Protection

2. Protected

3. Little Protection

4. Rarely Protected

5. No Protection

A newspaper article that releases military secrets

0% 0% 0%0%0%

1. Absolute Protection

2. Protected

3. Little Protection

4. Rarely Protected

5. No Protection

Free Speech and Free press• Speech is limited if…• NATIONAL SECURITY IS IN DANGER-

– OBRIEN CASE• Symbolic speech• Burning the draft card is NOT protected because the

object of the protest (war) is legal.• Burning the draft card hurts the ability of nation to protect

itself.

A speech calling for citizens to rise up and fight against the police

0% 0% 0%0%0%

1. Absolute Protection

2. Protected

3. Little Protection

4. Rarely Protected

5. No Protection

Free Speech and Press

• Speech is limited if words are

– “triggers of action”– “fighting words”– or if there is “clear and

present danger”

• FEINER v NEW YORK (1951)

– Feiner was calling for the people of Syracuse to ‘rise up in arms and fight for their rights’

• Words triggered the crowd to action, and so there was clear and present danger.

Newspaper article that contains lies about your private life

0% 0% 0%0%0%

1. Absolute Protection

2. Protected

3. Little Protection

4. Rarely Protected

5. No Protection

A newspaper article embarrassing the Governor by telling about a political

mistake he or she made

0% 0% 0%0%0%

1. Absolute Protection

2. Protected

3. Little Protection

4. Rarely Protected

5. No Protection

Free Speech and Free press• Speech is limited if it is:

• False information meant to destroy the reputation

– LIBEL – written word– SLANDER – spoken word

• NEW YORK TIMES v. SULLIVAN

– to win, the plaintiff has to prove:

1. The writer knew information was false

2. The article or statement was done with MALICIOUS intent to hurt

Can the government limit you from making statements or printing publications

before you make them?• This is called PRIOR RESTRAINT

– NO, except in the most extreme cases, such as wartime or when the publication incites “urges” people to violence.

• PENTAGON PAPERS– 1971, Vietnam classified document stolen from the defense

department, did trying to prohibit its publication violate free press?

– The court said the federal government did not prove that this publication would destroy national security

• HAZELWOOD– Involved a principal limiting what is written in a school paper,

court ruled in favor of the school district saying that their disallowing certain sections of the paper was reasonably related to legitimate teaching concerns

– School is a special place.

Free Speech and Free press

• CONFIDENTIALITY– Can reporters be required to name their sources and reveal

confidential information?

• Yes for the most part, the courts on both federal and state levels have rejected the new media argument, as a consequence many reporters have gone to jail, however...

• 1972, the court bent some and said that the reporters had to reveal their sources unless Congress or their state legislatures made an exception for the reporters. So 30 states passed SHIELD LAWS that protect the reporter from revealing their sources.

Free Speech and Free press

• MOTION PICTURES - Does the government rate the movies? No the industry regulates itself so that the government does not although movie censorship can happen.

Free Speech and Free press

• RADIO, TELEVISION, -Why has R/T received the most limited first amendment protections? Because R/T is the most readily available form of media- it is pervasive.

• The FCC can ban a station from renewing its license if they violate regulations.

Free Speech and Free press

• COMMERICIAL SPEECH-Have the 1st and 14th amendments always protected advertising? No, not all ads are protected free speech. Government can forbid false and misleading ads. In 1970 and again in 1986, Congress also passed laws that have disallowed cigarettes and alcohol to advertise in some areas, those industries have not challenged those laws.