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 a...
Miller v. California (1973)              • Miller sent out junk mail                advertising his ―adult‖ material      ...
Texas v. Johnson (1989)• Johnson burned USA  flag at an anti-  government rally  during the 1984  Republican convention• T...
Reno v. ACLU (1997)• Communication  Decency Act (CDA)  regulated explicit  material on the Internet• Criminal Act: broadca...
Next…FREE PRESS CASES
New York Times Co. v. Sullivan (1964)            • NY Times ad asking for $ to              defend MLK in a perjury case  ...
New York Times Co. v. United States (1971)• Times started  publishing Pentagon  Papers• Critical study of ‗Nam  by the Def...
Finally…FREE RELIGION CASES
State Aid to Religion???• Everson v. Board of Education (1947): Busing to  religious school is legal (furthers education n...
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Landmark First Amendment Cases

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Landmark First Amendment Cases

  1. 1. Landmark First Amendment Cases SHS Social Studies
  2. 2. First…FREE SPEECH & EXPRESSION CASES
  3. 3. 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
  4. 4. 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‖
  5. 5. 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
  6. 6. 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)
  7. 7. Next…FREE PRESS CASES
  8. 8. 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
  9. 9. 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
  10. 10. Finally…FREE RELIGION CASES
  11. 11. 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)

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