First Amendment.

1. Date: april 9, 2013Topic: Freedom of expressionAim: how is the freedom of expression presented in the first amendment?Do Now: Incorporation doctrine – what is it?

3. First Amendment. • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. THESE ARE FREEDOMS OF EXPRESSION – NOTICE THAT EXPRESSION HAS NOT BEEN SPECIFICALLY MENTIONED IN THE AMENDMENT.

4. SPECH AND NATIONAL SECURITY • PRIOR RESTRAINT – CENSORSHIP – SAY IT WITH ME! • Schenck v. United States (1919) – establishes the clear and present danger test on speech. • Supreme Court has ruled continuously in favor of expression rights: • a.) Calculated to incite – overthrow of government. • b.) Would the speech cause imminent unlawful action. • c.) Symbols are protected – they would have to cause direct harm – displaying the symbol is not enough. WHY WOULD THE SUPREME COURT RULE THIS WAY?

5. FOUR FORMS OF SPEECH NOT GIVEN FULL PROTECTION. • A.) Libel – writing that defames the character of another person. • United States – you must show that the statement was false. • Show statement made with actual malice – knowledge that the words were false. • New York Times v. Sullivan (1964) – to libel a public figure there must be actual malice.

6. FOUR FORMS OF SPEECH NOT GIVEN FULL PROTECTION. • b.) Obscenity – has no redeeming social value. • What is obscene? • Miller v. California (1973)– obscenity defined as prurient interests of an average person with materials that lack literary, artistic, political, or scientific value. • c.) Symbolic Speech • How can we define symbolic speech? • Burning a draft card considered illegal – US can protect the draft cards. • Not the flag – that can only be defined as speech and to limit that would be wrong. • Texas v. Johnson (1989) – there may not be a law banning flag burning.

7. FOUR FORMS OF SPEECH NOT GIVEN FULL PROTECTION. • d.) Corporate and Youthful Speech • Where have we seen corporate speech protected already? • Citizens United v. Federal Election Commission. • Restriction to corporations placed on advertising alcohol and gambling. • Young people may have less free speech than adults. • Have we seen this before? • Hazelwood School District v. Kuhlmeier(1988) – the principal could censor articles appearing in the school newspaper. • Morse v. Frederick (2007) – the principal can limit the speech that promotes drug use.

8. Matthew Fraser gave the following speech at a high school assembly in support of a candidate for studentgovernment office:"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.         Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and        nail it to the wall. He doesn't attack things in spurts -- he drives hard, pushing and pushing until        finally -- he succeeds.         Jeff is a man who will go to the very end -- even the climax, for each and every one of you.         So vote for Jeff for A. S. B. vice-president -- he'll never come between you and the best our        high school can be." Bethel v fraser - Speech Given By Matthew Fraser

9. TINKER V. DESMOINES (1968) – the wearing of black armbands did not violate the first amendment