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How Would You Decide?

How Would You Decide?. AP Government Mr. Minnich. Case #1.

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How Would You Decide?

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  1. How Would You Decide? AP Government Mr. Minnich

  2. Case #1 • Jacksonville, Florida, passed a city ordinance prohibiting drive-in movies from showing films containing nudity if the screen was visible to passersby on the street. A movie theater manager protested, claiming he had a 1st Amendment right to show such films, even if they could be seen from the street. Who is correct?

  3. Verdict • The drive-in movie won. The Supreme Court, voted 6-3, decided that the First Amendment protects the right to show nudity; it is up to the unwilling viewer on the public streets to avert their eyes.

  4. Case #2 • Dr. Benjamin Spock wanted to enter Fort Dix Military Reservation in New Jersey to pass out campaign literature and discuss issues with service personnel. The military denied him access on grounds that regulations prohibit partisan campaigning on the military bases. Who is correct?

  5. Verdict • The military won. The Supreme Court voted 6-2, and decided that military reservations are not like public streets or parks, and thus civilians can be excluded from them, especially if such exclusion prevents the military from appearing to be the handmaiden of various causes.

  6. Case #3 • A town passed an ordinance forbidding the placing of “For Sale” or “Sold” signs in front of homes in racially changing neighborhoods. The purpose was to reduce “white flight” and panic selling. A realty firm protested, claiming its freedom of speech was being abridged. Who is correct?

  7. Verdict • The realty firm won. The Supreme Court voted 8-0, and decided that the 1st Amendment prohibits the banning of signs, even of a commercial nature, without a strong, legitimate state interest. Banning the signs would not obviously reduce “white flight” and the government has no right to withhold information from citizens for fear that hey will act unwisely.

  8. Case #4 • A girl in Georgia was raped and died. A local television station broadcasted the name of the girl having obtained it from court records. Her father sued, claiming his family’s right to privacy had been violated, and pointed to Georgia law that made it a crime to broadcast the name of a rape victim. The television station claimed that it had a right under the 1st Amendment to broadcast the name. Who is correct?

  9. Verdict • The television station won. The Court ruled 8-1, and decided that the 1st Amendment protects the right to broadcast the names of rape victims obtained from public (that is court) records.

  10. Case #5 • Florida passed a law giving a political candidate the right to equal space in a newspaper that had published attacks on him. A newspaper claimed that this violated the freedom of the press to publish what it wants. Who is correct?

  11. Verdict • The newspaper won. The Supreme Court decided unanimously that the 1st Amendment prohibits the state from intruding into the function of editors.

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