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Landmark First Amendment Cases
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Landmark First Amendment Cases

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    Landmark First Amendment Cases Landmark First Amendment Cases Presentation Transcript

    • Landmark First Amendment Cases SHS Social Studies
    • First…FREE SPEECH & EXPRESSION CASES
    • Brandenburg v. Ohio (1969)• Centered on Channel 9‘s coverage of a KKK rally• Lots of guns and hate speech• Brandenburg announced a march to Washington• He advocated a crime• Ruling: government cannot constitutionally punish abstract advocacy of force or law violation
    • Miller v. California (1973) • Miller sent out junk mail advertising his ―adult‖ material catalogue • Obscene material: not protected by 1st Amendment • Miller Test: – appeals to the prurient interest – work depicts/describes, in a patently offensive way, sexual conduct, – lacks serious literary, artistic, political or scientific value • Justice Stewart: ―I‘ll know it when I see it‖
    • Texas v. Johnson (1989)• Johnson burned USA flag at an anti- government rally during the 1984 Republican convention• Texas law made this illegal• This is protected speech—part of a political protest
    • Reno v. ACLU (1997)• Communication Decency Act (CDA) regulated explicit material on the Internet• Criminal Act: broadcast "obscene or indecent― material or anything else that violates community standards to those under 18• Declared unconstitutional (too broad of a law)
    • Next…FREE PRESS CASES
    • New York Times Co. v. Sullivan (1964) • NY Times ad asking for $ to defend MLK in a perjury case • Detailed actions taken by law enforcement against Civil Rights workers • Some facts were wrong • Sullivan (Chief of Police in Montgomery) claimed defamation • Ruling: have to show ―actual malice‖ to prove defamation
    • New York Times Co. v. United States (1971)• Times started publishing Pentagon Papers• Critical study of ‗Nam by the Defense Dep‘t• US sought restraining order to stop publishing• Argument: national defense• Ruling: This is a prior restraint
    • Finally…FREE RELIGION CASES
    • State Aid to Religion???• Everson v. Board of Education (1947): Busing to religious school is legal (furthers education not religion)• Lemon v. Kurtzman (1971): 3 part test: – Law must have a secular legislative purpose – Can’t advance or inhibit religion – Must not result in an "excessive government entanglement" with religion• Edwards v. Aguillard (1987): Teaching Creationism in public schools violate Amendment I• Intelligent Design too (2005 Appeals Court ruling)