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C3.4(1) A Nation of Laws

C3.4(1) A Nation of Laws. Ku Klux Klan Created after Civil War Protested 14 th Amm : “Equal Protection” clause Target: African-Americans who gained political power White Republicans who supported “ Radical Reconstruction ” . C3.4(1). Civil Rights Act of 1871 (“KKK Act”)

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C3.4(1) A Nation of Laws

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  1. C3.4(1) A Nation of Laws • Ku Klux Klan • Created after Civil War • Protested 14thAmm: “Equal Protection” clause • Target: • African-Americans who gained political power • White Republicans who supported “Radical Reconstruction”

  2. C3.4(1) • Civil Rights Act of 1871 (“KKK Act”) • Southern states appealed to Congress for help • Certain crimes now federal offenses

  3. C3.4(1) • What other forms of corruption is there when law breaks down? • Police brutality • Rodney King

  4. C3.4(1) • What other forms of corruption is there when law breaks down? • Organized Crime • Mafia • Al Capone • John Dillinger

  5. C3.4(1) • Can limits be placed on our 1st Amendment Free Speech Rights? • Schenck v the United States (1919) • Ruling: Free Speech is not an “absolute right” • Gov’t can restrict our speech when our words present a “clear and present danger”

  6. C3.4(1) • The “Angry Crowd” Case • Speech at City Hall after WWII • “Hitler was right” • “Democrats and Jews were destroying America” • Termeniello arrested • Termeniello v Chicago (1949) • His arrest was unconstitutional • “clear and present danger” is more than an annoying and inconvenient speech

  7. C3.4(1) • Strict Scrutiny • Form of judicial review • Courts rule on laws • Can restrict free speech • If it is proven there was no less-restrictive way to do so

  8. C3.4(1) Time, Place, and Manner Regulations (TPM) TIME • can’t protest on busy street during rush hour

  9. C4.3(1) Place • Traditional Public Forums (very limited gov’t interference) • streets, public parks, sidewalks • Limited Public Forums (medium gov’t interference) • Court house, state fair, university • Non-Public Forums (strict gov’t interference) • Airports, jailhouses, private property

  10. C3.4(1) Manner • Regulates the mode of individual expression • Symbolic (non-verbal) speech • Ex: flag burning; clothes you wear

  11. C3.4(1) • If a TPM ruling goes against you, the Gov’t must … • Provide speakers with alternative forms of communication • The average person cannot use TV or radio

  12. C3.4(1) • What are some alternative forms of communication? • phones • Van Bergen v Minnesota (Circuit Court, 1995) • Illegal to “robot call” potential voters in Minnesota • E-Mail • “political spam”?

  13. C3.4(1)SUMMARY QUESTIONS • Review Schenck v The United States. Do you agree with the Court’s decision? Why or why not? • Review The Angry Crowd case. Was Mr. Termeniello using hate speech, or exercising his free speech rights? Explain. • Look at TPM: Place. Do you agree with the level of government interference with each criteria (ex: non-public forums = strict gov’t interference)? Why or why not? • Look at TPM: Manner: should the Government have the right to limit how you dress sometimes? If so, when? If not, why? • Van Bergen v Minnesota ruled it is illegal to “robot-call (phone)” potential voters, but it is okay to send “political spam (E-Mail)”. Do you see similarities between the two? Differences? Explain.

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