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Section 3 notes speech and press


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  • 1. Jumpstart Assignment
    • Describe the cartoon….
  • 2. Jumpstart Assignment
    • Describe the political cartoon….
  • 3. Today’s Plan
    • Jumpstart Assignment
    • Reading Minute
    • Notes: Ch. 19, Sec. 3
    • Case Study: 1 st Amendment in School
  • 4. Speech in Schools
    • The Court has recognized that students do not shed their constitutional rights when they enter school.
    • However, the Court has traditionally recognized that the educational mission of the school cannot be disrupted by the exercise of free speech.
      • Tinker v. Des Moines
      • Bethel School District v. Fraser
      • Hazelwood v. Kuhmeier
      • Morse v. Frederick
  • 5. Freedom of Speech
    • Is hate speech protected?
    • Hate Speech : expression of hatred or bias against a person, based on characteristics such as race, religion, sex, itc.
    • National Socialist Party v. Skokie (1977)
      • Laws prohibiting hate speech are generally ruled unconstitutional because of vague wording
  • 6. Freedom of Speech
    • Symbolic Speech: an action meant to deliver a message
    • Some, but not all forms of symbolic speech are protected
    • Burning your draft card?
      • U.S. v. O’Brien (1968)
    • Flag Burning?
      • Texas v. Johnson (1989)
  • 7. Freedom of Speech
  • 8. Freedom of Press/Speech
    • Obscenity: something sexually explicit and highly offensive
    • Can local governments block obscene material from their town?
      • - Miller vs. California 1973 – obscenity is not protected by 1 st Amendment
  • 9. Freedom of Speech
    • Libel: written statement or visual representation meant to defame or harm another person’s character
    • Slander: verbal defamation
    • Libel and slander are typically unprotected forms of “speech”
  • 10. Freedom of Speech and National Security
    • Can someone say or print something that provokes others to rebel against the government?
    • Seditious Speech: advocating or urging individuals to overthrow the government
      • at times of war, the Supreme Court has been more likely to uphold limits to freedom of speech
        • Ex. Schneck v. United States (1919)
  • 11. Jumpstart Assignment
    • To what extent would you say that your 4 th Amendment rights(no illegal searches and seizures) are protected in school? Explain your answer.
  • 12. Morse vs. Frederick
    • Does the First Amendment allow public schools to prohibit students from displaying messages, which the school could reasonably interpret as promoting the use of illegal drugs, at school-supervised events?
  • 13. Freedom of Assembly
    • Time/Place/Manner Restrictions on public property
      • Local parade permits
      • Can someone demonstrate during school hours?
      • Skokie v. National Socialist Party (1978) – the government cannot prohibit a peaceful assembly simply because of its unpopularity
  • 14. Freedom of Assembly and Private Property
    • Private property, including businesses may prohibit most forms of assembly including picketing.
    • NAACP v. Alabama (1958)
      • Right of Association is protected in the 1st Amendment
  • 15. 4 th Amendment and Schools
    • “ The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures , shall not be violated, and no Warrants shall issue, but upon probably cause , supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”