Chapter 19 Sections 3 & 4
Section 3: FREEDOM OF SPEECH AND PRESS
FREE EXPRESSION: guarantees of free speech and press in the 1st and 14th Amendments
This is intended to protect the expression of unpopular views
Some forms of expression are not protected
Libel: false and malicious use of printed words
Slander: is the false and malicious use of Spoken word
SEDITION: the crime of attempting to overthrow the government
Seditious Speech: is the advocating or urging, of attempting to overthrow the government
Alien & Sedition Acts of 1798- gives the president the power to deport undesirable aliens who made any false, scandalous, and malicious criticism of the government a crime.
It was obvious this above act was unconstitutional but had not been tested in the court system.
Sedition Act of 1917: Espionage Act of 1917--- a law passed to make it a crime to encourage disloyalty, interfere with the draft, obstruct recruiting, incite insubordination in the armed forces, or hinder the sale of government bonds.
*more than 2,00 persons were convicted for violating the Espionage Act
1919* Schenck v. the U.S. --- established clear & present danger
SMITH ACT 1940 -law is still on the books but not enforced
It is a crime for anyone to advocate the violent overthrow of the government of the U.S.
However in 1957 Yates case the court overturned Smith convictions and held:
-merely to urge someone to believe something, in contrast to urging that person to do something cannot
be made illegal
OBSCENITY: 1st and 14th DO NOT PROTECT obscenity
Roth case---1st case to define obscenity
1973 Miller v. California--- creates a 3 pronged test to obscenity
2003 U.S. v. American Library Association—those libraries who use federal $ must use filters to
block pornographic websites
PRIOR RESTRAINT—the government cannot place any restrictions on spoken or written words
Except in extreme cases as wartime, or when a publication is obscene or in case its readers to violence.
*Near v. Minnesota—1931 paper allowed to print about corruption –State law overruled
* Pentagon Papers case—NY Times v. U.S.
* Hazelwood SD v. Kuhlmeier—Principals can censor newspapers
The MEDIA
Confidentiality: Reporters honor this and have gone to jail over it
30 states have passed SHIELD LAWS—give reporters some protection against having to disclose their sources.
Motion Pictures:--people depend on the film industry’s ratings
Radio and Television:subject to extensive federal regulation
Symbolic Speech: Picketing is legal if peaceful
Tinker vs. Des Moines-student armbands legal
BUCKLEY v. VALEO---campaign contributions are FREE SPEECH
Flag Burning is allowed –Texas v. Johnson 1989
Commercial Speech: Congress banned cigarette ads on Radio and TV
Section 4: FREEDOM of ASSEMBLY and PETITION
The Constitution’s Guarantees
The 1st and 14th amendments MUST protect the rights of peaceable assembly and petition.
As a general rule, Civil disobedience is not a constitutionally protected right.
Government rules must be CONTENT NEUTRAL
Assemblies can be regulated on basis of time, place and manner it cannot
regulate assemblies on what is being said there.
*the power to control traffic or keep a protest rally from becoming a riot can be used as
an excuse to prevent speech.
*So long as demonstrators acted peacefully, they cannot be punished for disorderly conduct.
*Madsen v. Women’s health Services 1984—SC upheld a Florida Judge’s orer directing protesters not to
block access to an abortion clininc—36 foot buffer zone
* Hill v. Colorado 2000—“sidewalk counseling” should have an 8ft buffer zone
Freedom of Association—Boy Scouts of America v. Dale, 2000---Boy scouts have a constitutional right to
exclude gays from their organization because gays contradict what the organization professes to believe.
Chapter 19 Sections 3 & 4
Section 3: FREEDOM OF SPEECH AND PRESS
FREE EXPRESSION: guarantees of free speech and press in the ______Amendments
This is intended to protect the expression of unpopular views
Some forms of expression ______
Libel:
Slander:
SEDITION: the crime of attempting to overthrow the government
Seditious Speech: is the advocating or urging, of attempting to ______
Alien & Sedition Acts of 1798 - gives the president the power to deport undesirable aliens who made any false, scandalous, and malicious criticism of the government a crime.
It was obvious this above act was unconstitutional but had not been tested in the court system.
Sedition Act of 1917: Espionage Act of 1917--- a law passed to make it a crime to encourage disloyalty, interfere with the draft, obstruct recruiting, incite insubordination in the armed forces, or hinder the sale of government bonds.
*more than 2,000 persons were convicted for violating the Espionage Act
1919* Schenck v. the U.S. --- ______
SMITH ACT 1940 -law is still on the books but not enforced
It is a crime for anyone to advocate the violent overthrow of the government of the U.S.
However in 1957 ______case the court overturned Smith convictions and held:
-merely to ______someone to believe something, in contrast to urging that person to do something
cannot be made illegal
OBSCENITY: 1st and 14th DO NOT PROTECT obscenity
Roth case---1st case to define obscenity
1973 ______--- creates a 3 pronged test to obscenity
2003 U.S. v. American Library Association—those libraries who use federal $ must use filters to
block pornographic websites
______—the government cannot place any restrictions on spoken or written words
Except in extreme cases as wartime, or when a publication is obscene or in case
its readers to violence.
*Near v. Minnesota—1931 paper allowed to print about corruption –State law overruled
* Pentagon Papers case—______
* Hazelwood SD v. Kuhlmeier—Principals can censor newspapers
The MEDIA
Confidentiality: Reporters honor this and have gone to jail over it
30 states have passed______—give reporters some protection against having to
disclose their sources.
Motion Pictures:--people depend on the film industry’s ratings
Radio and Television:subject to extensive federal regulation
Symbolic Speech: Picketing is legal if peaceful
Tinker vs. Des Moines-student armbands legal
______---campaign contributions are FREE SPEECH
Flag Burning is allowed –______1989
Commercial Speech: Congress banned cigarette ads on Radio and TV
Section 4: FREEDOM of ASSEMBLY and PETITION
The Constitution’s Guarantees
The 1st and 14th amendments MUST protect the rights of ______and petition.
As a general rule, Civil disobedience is not a constitutionally protected right.
Government rules must be ______
Assemblies can be regulated on basis of time, place and manner it cannot
regulate assemblies on what is being said there.
*the power to control traffic or keep a protest rally from becoming a riot can be used as
an excuse to prevent speech.
*So long as demonstrators______, they cannot be punished for disorderly conduct.
*Madsen v. Women’s health Services 1984—SC upheld a Florida Judge’s order directing protesters
not to block access to an abortion clinic—______foot buffer zone
* Hill v. Colorado 2000—“______” should have an 8ft buffer zone
Freedom of Association—______-, 2000---Boy scouts have a constitutional right to
exclude gays from their organization because gays contradict what the organization professes to believe.