Homework : Read/OL 13.3 for Thursday

1. FrontPage:Take a new FP sheet. Do we have absolute freedom of speech? Explain. Homework: Read/OL 13.3 for Thursday

2. Testing the Freedom of Speech

3. Freedom of Speech and Expression *The Supreme Court has ruled that some forms of speech/expression are PROTECTED by the First amendment and some are NOT PROTECTED

4. FrontPage:OL on your desk. Take a copy of wksht. from front and work with a partner. Homework: Read/OL 13.4 for Monday

5. Situation #1: Facts of the Case • A woman brings an American flag to a demonstration at the White House against the foreign policy of President Obama. During the demonstration, she burns the flag in protest. “Symbolic” Speech (Protected) • Non-verbal expression or speech with the use of symbols • Texas vs. Johnson – the Court ruled that laws against flagburning in protest were unconstitutional.

6. Situation #2: Facts of the Case • A student at PTHS decides to wear a large black hat in order to protest the increase in troops in Afghanistan and the military policy of the US in general. “Symbolic” Speech (Protected) • Even in school, students have some rights to free expression • Provided the expression in question does not cause a disruption to the educational process Tinker vs. Des Moines – students “do not shed their constitutional rights at the schoolhouse gate”.

7. Situation #3: Facts of the Case • Certain seniors at Peters Township High School decide to play a prank during 4th period lunch. They run into the cafeteria and spread a rumor that there are several students in the building with guns, and they are coming towards the cafeteria. “Clear and Present Danger” (Unprotected) • If the situation created by the speech poses an imminent and direct threat to safety. • (Ex. “Fire” in a crowded theatre) Schenk vs. US – court rules that, during wartime, the government could regulate speech that might cause this type of danger to the security of the US.

8. Situation #4: Facts of the Case • A group of angry Tea Party members meet in front of the IRS building in downtown Pittsburgh to rally against the unfair tax rates. During the rally, a member of the group makes a speech that strongly encourages the mob to burn down the IRS building. “Incitement” (Unprotected) • Speech that motivates people to perform illegal actions Brandenburg vs. Ohio – though the Court overturns the conviction of a KKK leader who refused to end a rally, it does draw a line concerning this type of speech.

9. Situation #5: Facts of the CaseAfter receiving a bad grade on an assignment, a student reporter writes a story in the school newspaper containing unproven rumors about a teacher. The teacher suffers personal and professional harm as a result of the story. “Defamatory” (Unprotected) • Written (Libel) or spoken (Slander) words that harm a person’s character • Must be proven that: speech is knowingly false, and intended to harm • Thus, the Court would usually allow a great deal of reporting to be published even if it would damage someone’s reputation, or turned out to be false **If the student creates a MySpace or Facebook page that insults the teacher and spreads false rumors about them, can they be punished?

10. Freedom of Expression at PTHS • School Board Policy 5114 • V. FREEDOM OF EXPRESSION • Students have the right to express themselves in any appropriate manner unless such expression directly interferes with the educational process, threatens immediate harm to the welfare of the school community, encourages unlawful activity, or interferes with another’s rights. Students have the responsibility to obey laws governing libel and obscenity,… • B. Publications • Students have the responsibility to refrain from libel and obscenity, and to observe the rules for responsible journalism. Within these bounds, students have a right to report the news and editorialize. • School principals shall supervise student publications published with school equipment or by school organizations and remove obscene or libelous material, as well as edit material that would cause a substantial disruption or material interference with school activities, subject to the following: • Material is not to be censored or restricted simply because it is critical of the school or its administration • Unofficial publications have moral and legal obligations to observe the same rules of responsible journalism as are required of student publications. • Dress code: • …Clothing or appearance, including hair, deemed to be immodest, disruptive, or distracting will be considered a violation of the dress code.

11. Speaking of students’ rights in schools… • In suburban San Diego, Tyler Harper was pulled from his class for wearing a T-shirt bearing the words "homosexuality is shameful.“ He was told to remove it or face disciplinary consequences. • Harper said he wore the shirt after his school backed an event meant to show support for homosexuals, bisexuals and trans-gender students. • Harper sued the Poway Unified School District for violating his civil rights, contending he was suspended for expressing "sincerely held religious beliefs." • The school said its dress code is designed to prevent disruption.

12. Situation #6: Facts of the Case • An antigovernment group releases a videotape in which the group’s leader encourages citizens of the United States to join his militia in its attempt to overthrow the US government through the use of force. “Seditious” (Unprotected) • Encourages the overthrow of the government by force • Dennis vs. the United States – Communist leader tries to convince people to overthrow the government by force

13. How about these cases? Pro-life protestors position themselves on all four corners of Donaldson’s Crossroads. They hold up graphic depictions of aborted fetuses on 10’x10’ posters. Some passersby are disgusted by the signs • A heavy metal band releases a song called “Suicide is the Solution”, in which the only lyrics are “Do it…do it.” A child listens to the record and then commits suicide. The band is sued for wrongful death. In 2002, Congress passes the BCRA, which limits campaign donations, placed restrictions on political campaign ads that could be run by unions, corporations or individuals, and also places new limits on how much money individuals could donate to candidates for political offices. Students are released from the school day to watch the Olympic torch pass through their town. An 18-year old student holds up a pro-drug sign at the parade, is spotted by the principal, and suspended for violating the school’s anti-drug policy.