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First Amendment rights

First Amendment rights

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First Amendment rights

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  1. First Amendment rights

  2. Religion • Freedom of religion • Establishment clause-congress shall make no law respecting the establishment of a religion • Free exercise clause-or prohibit the free exercise thereof

  3. Religion • Lords prayer • Polygamy • Church of satan • Pledge of allegiance • Evolution/intelligent design/creationism • Confirmation • The Bible • Christmas trees • Peyote • Moment of silence • SYATP • Graduation prayer • Student prayer • TEC v Devil • menorah

  4. Religion/Court Cases • Engel v. Vitale-outlawed the use even on a voluntary basis a prayer written by the NY state Bd of Regents • Abigton Sch. District v. Schempp-struck down a Penn. Law that required that each school day begin with readings from the bible and a recitation of the Lord’s Prayer • Stone v. Graham-no 10 commandments in public school classrooms • Wallace v. Jaffree-stated it was unconstitutional to have 1 minute of silence at the beginning of a school day • Lee v. Weisman-stated it was unconstitutional to have a prayer as a part of a graduation ceremony • County of Allegheny v. ACLU-stated that displays that featured the birth of Jesus were unconstitutional • Santa Clause and candy canes are OK • Lemon v. Kurtzman-Lemon test to decide how states can or should give money to religious schools • The purpose of the aid must be clearly non religious • Aids primary effect must neither advance nor inhibit religion • Aid must adviod an excessive entanglements of governemnt with religion

  5. Press • Malice-knowledge of/intentionally committing libel to cause another to suffer • Freedom of Information act-1966 and the Electronic FOIA 1996 have made federal records available to the public • Hazelwood v. Kuhlmeier-student press • Austin • Albert Lea mice have no balls • Girl was to announce she was a lesbian in ALAHASA • Sexual harassment story by Albert lea Students toward Fairmont cheerleaders • How easy is it for someone to get a student out of a school

  6. Assembly and Petition • Government can regulate-time, place and manner of assembly • Civil disobedience is not protected

  7. Speech • In the United States people have the freedom of speech but there are limits placed on that freedom

  8. Limits on speech • OWH-Scheneck v. United States 1919 started the clear and present danger test • “Yell Fire in a crowded theater

  9. Limits on speech • Libel-false and malicious written word • Slander-false and malicious spoken word • Seditious speech-any speech that advocates the overthrow of the government • Fighting words-word that by their nature inflict injury or a breach of the peace (racial, ethnic and religious slurs) • Commercial speech-advertising and commericals that are false and misleading, included illegal items

  10. Protected Speech • No prior restraint-censorship before the speech is made • Only allowed on military secrets and student newspapers • New York Times v. United States-affirmed no prior restraint, allowed the New York Times to publish secret documents based on the public right to know

  11. Protected Speech • Hazelwood v. Kuhlmeier-1988-allows school principals to exercise prior restraint on school newspapers

  12. Hazelwood v. Kuhlmeier • High School Students had printed a story on students experiences with teen pregnancy and students dealing with family divorce. • The principal did not want story run • Case went to the supreme court and the court agreed with the school • This allows school administrators to censor student publications that are sponsored by the school district

  13. Protected Speech • Symbolic speech-nonverbal communication (gesture, clothing movement) • Texas v. Johnson-1989-burning the flag in protest is protected under the 1st amendment • Tinker v. Des Moines Sch. Bd-1969-students rights stop at the school house gate

  14. Tinker v. Des Moines School Board Students wore armbands in protest of the Vietnam war. The Principal believed this would cause ill will in the school. The principal suspended the students for wearing the armbands Case went to the supreme court Supreme court ruled in favor of the students Gave students the freedom of speech for a short period of time

  15. Bethel v. Fraser • A speech is delivered at a student assembly for nominations for student council • During the address the speech delivered was deemed offensive • Parts of the speech included: firm in his pants, he's firm 'I know a man who is firm -- he's 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.

  16. Bethel v. Fraser • The court ruled that the speech was offensive and ruled in favor of the school • This reversed Tinker • This gives school districts the right to limit student speech • Big Johnson T-shirt • Girls not wearing a bra • Hats in schools

  17. Morse v. Fredrick • Student showed a banner saying ”Bong hits for Jesus” during a school sponsored event-2002 Olympic torch coming through the town of Juneau, Alaska • The principal took the banner from the students and suspended the students • Case went to the supreme court and judgment came down on June 25, 2007 • Court ruled in favor of the school

  18. Unprotected speech • Obscenity-In the eye of the beholder • The Statue of David • Art or Obscene

  19. Obscenity • Art or Obscene?

  20. Obscenity • Art or Obscene?

  21. Obscenity • Music Lyrics?? • 2 Live Crew • Janet Jackson • Madonna • 50 cent • Prince

  22. Obscenity • Main stream movies • Superbad • 40 Year old Virgin • Basic Instinct • American Pie • There’ Something about Mary

  23. Obscenity • Personalities • Howard Stern • Janet Jackson • Madonna • Chris Rock

  24. Obscenity • TV • Nip Tuck • NYPD Blue • Survivor • CSI • Desperate Housewives • Grey’s Anatomy

  25. Obscenity • Ads • Calvin Klein • Viagra • Cialis • Victoria’s Secret

  26. Obscenity • Magazines and books • Playboy • Playgirl • Penthouse • Hustler • Looking for Mr. Goodbar • Lady Chattley’s Lover

  27. Tests for Obscenity • Miller v. California-1973-Supreme Court devises a test to see if material is obscene or not • Does the work taken as a whole appeal to the purient interest in sex • Does the work taken as a whole show sexual conduct that is offensive • Does the work taken as a whole lack serious literary, artistic, political or scientific • Does the work taken as a whole is offensive to the average person applying community standards

  28. Other Supreme Court cases • Tietel Film Corporation v. Cusack 1968-A state or local government can ban an obscene film, but the government must show that it is obscene • Wilkerson v. Jones-said that states can’t regulate “indecent” cable programming • Young v. American Mini Theaters-said a city may regulate the location of “adult entertainment establishment • City of Renton v. Playtime Theaters-said a city may bar “adult entertainment establishments within 1,000 ft of a residential zone, church, park or school • Schad v. Borough of Mt. Ephraim-said a city can not prohibit live entertainment in any and all commercial establishment • Osborne v. Ohio-said upheld laws in states that make it a crime to possess or view child pornography

  29. FCC • FCC-Federal Communication Commission-in charge of the airwaves to make sure they are decent for all to participate • Communication Decency Act 1996-limits offensive material on the internet