PowerPoint Presentation

The Courts Impact on Intellectual Freedom and YouthPresented by:

Mira Geffner

Lisa Houde

AnushBayalan

RebeccaCalvert

Cohen v. California (1971)Cohen v. California (1971)Paul Robert Cohen, age 19, arrested for wearing a jacket to the Los Angeles Courthouse with the words Fuck the Draft

Convicted under California Penal Code 415Disturbing the peace by offensive conduct

Cohen v. CaliforniaThe U.S. Supreme Court overturned the decision becauseCohen was exhibiting speech rather than conductCohens speech was not fighting words because they are not addressed to a specific personThe wording for the Code is not specific because the public may not know what offensive conduct isCohens speech is not obscene because it is not sexual in natureCohen v. CaliforniaThe constitutional right of free speech is powerful medicine in a society as diverse and populous as ours. It is designed and intended to remove government restraints from the arena of public discussion, putting the decision as to what views shall be voiced largely into the hands of each us , in the hope that use of such freedom will ultimately produce a more capable citizenry Justice HarlanCohen v. CaliforniaViewpointImportant decision for freedom of speechThe case confirms the idea that people can avert their eyes if they see something that they do not want to seeThe case confirmed the application of fighting words and obscenity

Reno v. ACLU (1997)Reno v. ACLU (1997)Communications Decency Act, part of the Telecommunications Act of 1996Criminalized the transmission of obscene or indecent material to minorsProhibited displaying text or images to minors relating to sexual or excretory activities or organsReno v. ACLUThe Supreme Court stated that the indecent transmission part of the CDA violated the Freedom of Speech clause of the First AmendmentCDA would block material that was education or artisticIt would be too difficult to check the ageIt is not only limited to commercial transactionsIt might block adults from their constitutionally protected right to view obscene or indecent materialIt did not give parents the freedom to choose what their child can seeReno v. ACLUViewpointPrecursor to CIPACDA did not pass because it was too broad, but COPA was narrow enoughCDA did not give parents discretion, but CIPA did

Bethel School District No. 403v. FraserBethel School District v. Fraser4/26/1983Senior Matthew Fraser delivers sexually explicit speech to Bethel High School Students"I know a man who is firm -- he's firm in his pants, he's firm in his shirt, his character is firm -- but most . . . of all, his belief in you, the students of Bethel, is firm. Caused hooting, yelling, sexual gestures, apparent embarrassmentBethel School District v. FraserBethel Rules:"Conduct which materially and substantially interferes with the educational process is prohibited, including the use of obscene, profane language or gestures."Fraser is suspended for 3 days, and his candidacy for graduation speaker is revoked

Bethel School District v. FraserFraser takes case to the District Court, which rules in his favorCourt of Appeals affirms District Court rulingPrecedent of Tinker v. Des MoinesClaims wording of school rules is overly vague

14Bethel School District v. FraserSupreme Court upholds the school districts decisionFraser was advised speech would be inappropriate and may face severe consequencesTinker concerned passive political expression, which did not intrude on the work of the school or rights of studentsSuch speech is prohibited in formal halls governed by Rules of DebateRole of school to teach citizenshipDisagree the student could not have anticipated the consequencesIssues and ViewpointWhat constitutes protected and unprotected speech in the academic setting?I agree with the Supreme Court rulingNot an example of political expressionCaused clear disruption in student behavior and classroom instructionAssembly was mandatory, so students were forced to hear offensive languageBoard of Education v. PicoBoard of Education v. PicoBoard of Education, Island Trees Union Free School District No. 26, et al. v. Pico, by his next friend Pico, et al. (1982)Complaints: anti-American, anti-Christian, anti-Semitic and just plain filthy "obscenities, blasphemies, brutality and perversion beyond description"Board of Education v. PicoThe Fixer, by Bernard Malamud; Slaughterhouse Five, by Kurt Vonnegut Jr.; The Naked Ape, by Desmond Morris; Down These Mean Streets, by Piri Thomas; Best Short Stories of Negro Writers, edited by Langston Hughes; Go Ask Alice, authorship anonymous; Laughing Boy, by Oliver LaFarge; Black Boy, by Richard Wright; A Hero Aint Nothin But a Sandwich, by Alice Childress; Soul on Ice, by Eldridge Cleaver; and A Reader for Writers, edited by Jerome ArcherBoard of Education v. PicoDecision: "Libraries afford [students] an opportunity at self-education and individual enrichment that is wholly optional." Issue: Can school board members remove books from the library based on the members personal values?Viewpoint:Students need access to information about different experiences and points of view to enrich their learning. No individual or group should be allowed to impose arbitrary criteria on the school library collection.Minarcini v. Strongsville City School DistrictMinarcini v. Strongsville City School DistrictMinarcini v. Strongsville City School District 541 F.2d 577 (6th Cir, 1976)Censors' complaint: (informal) completely sick and garbage (Reichman, 2001)Books removedCatch 22, by Arthur Heller Cat's Cradle, by Kurt VonnegutMinarcini v. Strongsville City School DistrictDecision: "a library is an important privilege created by the state for the benefit of students in the schools not subject to being withdrawn by succeeding school boards whose members might desire to 'winnow' the library for books the contents of which occasioned their displeasure or approval." Issues:Can a school board override teachers' selections of books for the school curriculum? Can a school board remove books from a school library?Viewpoint:No student is compelled to read the books in the library, or to engage with any given book held there. The library is there to support the students' right to read, which is an essential part of their intellectual freedom.Chaplinsky v. State of New Hampshire (1941)

Chaplinsky v. State of New HampshireCase FactsDevout Jehovahs Witness Walter Chaplinsky arrested for violating a state statute after saying to the City Marshal You are a God damned racketeer and a damned Fascist and the whole government of Rochester are Fascists or agents of Fascists.Issues RaisedIs speech that incites a breach of the peace protected by the First Amendment?Does the application of the state statute violate Chaplinskys freedom of speech protected by the First Amendment?Chaplinsky v. State of New HampshireDecisionUnanimous decision, courts upheld the arrest stating the state statute restricting speech was specific enough that it complied with the requirements of due process and did not unreasonably impinge on Chaplinskys First Amendment rights to free speech Decision articulated the fighting words doctrine, which limits the First Amendments guarantee of freedom of speech for all AmericansChaplinsky v. State of New HampshireViewpointFree speech is not unlimitedThe term Fascist fighting words?Interpretation of language, tone, place, context, and who the language is directed at all important factors to determine whether speech is protectedMajor criticism by Caine (2004: The Fighting Words category was ill-conceived is in disarray and poses a potent danger to speech that should command a premier protection.Salvail v. Nashua Board of Education (1979)

Salvail v. Nashua Board of EducationCase FactsNashua School Board member Alan Thomier exercising his strong religious and patriotic views, presented a formal resolution to withdraw copies of MS magazine from the high school library because it:-Contained ads for vibrators, contraceptives, materials dealing with lesbianism and witchcraft, and gay material as well as ads for The Guardian a pro-communist newspaper (his opinion) and ads which suggested trips to Cuba.-Encouraged students to send away for records made by known communist folk singers.Dissenting board members requested that interim procedures already in place be followed; they were ignored and MS Magazine was removed and the subscription cancelledSalvail v. Nashua Board of EducationIssues RaisedPlaintiff 16-year-old Rhonda Salvail, along with an English teacher and several Nashua residents, claimed deprivation of due process and rights under the First Amendment and sued the Nashua Board of Ed.Did the board follow its own procedures in removing the magazine?Was the magazine a valid resource for study?Did it contain offensive material?DecisionThe court finds and rules that the defendants herein have failed to demonstrate a substantial and legitimate government interest sufficient to warrant the removal of MS magazine from the Nashua High School library. Their action contravenes the plaintiffs First Amendment rights, and as such, it is plainly wrong.Salvail v. Nashua Board of EducationViewpointThis case, along with three other court cases, forms the foundation of the extended view of Freedom of Speech to include the right of minors to read using school library materialsThe ALA states as referenced in Adams (2010): The freedom to read is essential to our democracy (p. 59).And again, in the interpretation of the Library Bill of Rights, Adams (2010) quotes, Children and young adults unquestionably possess First Amendment rights, including the right to receive information through the library in print, non print, or digital format. Constitutionally protected speech cannot be suppressed solely to protect children and adults from ideas or images a legislative body believes to be unsuitable for them (p. 60).This concludes our presentation.Thank you for your time and attention!Questions?ReferencesReferences--BayalanReferences--CalvertFraser, M. Untitled speech. Retreived from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/fraserspeech.htmlLegal Information Institute. Bethel school district No. 403 v. fraser (No. 84-1667) 755 F.2d 1356, reversed. Retrieved from http://www.law.cornell.edu/supct/html/historics/USSC_CR_0478_0675_ZS.htmlSiegel, P. (1987). When is a students political communication not political: Bethel school district vs. fraser. Communication education, 36 (4). Retrieved from http://www.tandfonline.com.libaccess.sjlibrary.org/toc/rced20/current#.UmICHhAwe1cWeeks. R.A. (2012). The first amendment, public school students, and the need for clear limits on school officials authority over off-campus student speech. Georgia law review, 46 (4). Retrieved from http://www.law.uga.edu/References--GeffnerAmerican Civil Liberties Union of Ohio. (n.d.). Free speech on the docket. Retrieved fromhttp://www.acluohio.org/archives/cases/minarcini-v-strongsville-city-school-districtMinarcini v. Strongsville City School District 541 F.2d 577 (6th Cir, 1976) Retrieved from http://openjurist.org/541/f2d/577Reichman, H. (2001). Censorship and selection: Issues and answers for schools, 3rd Edition. Chicago: American Library Association.References--HoudeAdams, H. R. (2008). Ensuring intellectual freedom and access to information in the school library media program. Westport, CT: Libraries Unlimited. Auguste, M. (2012). VOYAs guide to intellectual freedom for teens. Bowie, MD: VOYA Press.Caine, B. (2004). The trouble with fighting words: Chaplinsky v. New Hampshire is a threat to first amendment values and should be overruled. Marquette Law Review, 88(3), Retrieved from http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1026&context=mulr Dorres, P. & Means, J. (n.d.). Chaplinsky v. State of New Hampshire. Retrieved from http://people.oregonstate.edu/~dorresp/CSSA%20Competencies/Examples%20for%20Portfolio/Chaplinsky%20v%20final.pdf Hudson, D. L. (2012). Fighting words case still making waves on 70th anniversary. Retrieved from: http://www.firstamendmentcenter.org/fighting-words-case-still-making-waves-on-70th-anniversaryLeagle.com. (2013). Salvail v. Nashua bd. of ed. Retrieved from http://www.leagle.com/decision/19791738469FSupp1269_11595Reichman, H. (2001). Censorship and selection: Issues and answers for schools. Chicago, IL: American Library Association.IMAGES:http://identityrevolutionproject.wordpress.com/tag/fighting-words/http://chronicle.com/blogs/linguafranca/2011/10/20/ms-40-years-on/https://msmagazine.com/blog/2011/02/16/black-history-month-the-myth-of-the-black-superwoman-revisited/