Chapter 3 - COMM4303
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This 9 page Class Notes was uploaded by Ailia Owen on Monday February 16, 2015. The Class Notes belongs to COMM 4303 at University of Houston taught by Steven Earl Kirkland in Spring2015. Since its upload, it has received 95 views.
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Date Created: 02/16/15
CH 3 textbook 21615 451 PM THE UMBRELLA OF FREE EXPRESSION Snyder v Phelps 2011 Reverend Fred Phelps and other church members are symbols of religious protest a funerals for American soldiers killed in action in Iraq and Afghanistan Trial court in Virginia awarded millions in damages to Albert Snyder father of Lt Corporal Matthew Snyder killed 2006 Sued the Phelps family for infliction of emotional stress invasion of privacy and civil conspiracy after the Congregation of Westboro Baptist Church stood in protest outside his sons funeral in Westminster Maryland and referred to his son s death on their website 4th Circuit Court of Appeals dismissed the damages Up to USSC with amicus curiae from political leaders from both parties 81 picketing at funerals is protected free expression THE ORIGIN OF FORUMS 2 landmark cases Davis v Commonwealth New England Evangelist arrested fro preaching gospel in Boston park preaching without a permit 1897 lost his appeal when USSC accepted a theory of government authority comparing state control over a public forum to a private homeowner This rationale survived until 19305 Jamison v Texas Hague v Committee for Industrial Organizations Jersey City New Jersey CIO came into conflict with the city s chief commissioner during Great Depression Mayor Frank Hague boss ruled with a tight grip for 30 years CIO organizers began stopping passersby in Jersey city parks and announcing the new rights granted to them under the National Relations Labor Act 1935 mayor took offense Court identified public areas as the proper place for assembly communicating thought between citizens and discussing public ques onsquot Traditional Public Forum Refers to the public property that is open for expression and assembly streets sidewalks and parks Strong 1St amendment protection STUDENT EXPRESSION LESSONS public property does not mean it is a traditional forum 0 State owned universities contain similar spaces that serve both as traditional public forums and nonpublic forums 0 A space that is traditionally treated as a public forum or resembles a public forum is likely to be protected History Matters before you could say whether a certain thing could be done in a certain place you would have to know the history of that particular placequot Justice Harry Blackman Who is using it and who is sponsoring the communication that controls the issue Speaker s Impact Matters Tinker v Des Moines 0 Justice Abe Fortas it can hardly be argued that either students or v teachers shed their constitutional right of free expression or speech at the schoolhouse gatesquot 0 Justice Hugo Black dissenting students in school were not entitled to defy school rules under the guise of free expression Symbolic Speech Actions or symbols that convey a message protected unless there is material substantial disruption that would stop the educational process 0 Teacher has the power to stop a student from talking 0 Balance with the need for affirming the comprehensive authority of the states and of school officials consistent with fundamental constitutionalsafeguards to prescribe and control conduct in schoolquot Disruption Test the fear of a possible disturbance is not enough to warrant suppressing the free speech rights of the students 0 The Tinker test Schools cannot restrict symbolic speech unless it causes a substantial material disruption The desire of school officials to avoid the unpleasantness of an unpopular controversial view is not enough 0 Bethel School District v Fraser Matthew Fraser speaking for Jeff Kuhlman running for StuCo VP Speech contained many sexual innuendos that caused audience members captive audience to react wildly 0 Not protected because it did cause a disruption Speaking Mediums Matter Hazelwood School District v Kuhlmeier school newspapers are not protected because they are a representation of the school and historically involved administrator oversight to edit unfit content 0 School newspaper in this case was also treated as an extension of the classroom for a grade and a teacher oversaw Who Owns the Content Kincaid v Gibson Kentucky State University students were not given their yearbooks because a school administrator did not like the layout color and lack of photographic captions Students sued as unfairly seizing propertyquot that rightfully belonged to the students 0 USSC voted in favor of students Shopping Malls although privately owned are public forums except for California it is in their constitution Freedom of Expression for Employees government employees free expression is more limited then public employees Disruption in the Workplace employees can be fired for speaking out and causing disruption against work related issues disrupting harmony in the workplace not for speaking about things not related to work 0 Connick v Meyers A government employee that speaks out as a part of his job does not have full First Amendment protection LEVELS OF SCRUTINY all requirements have to be met in order to pass 0 Strict scrutiny Highest standard contentbased restrictions Has to 0 Serve a compelling government interest 0 Be narrowly tailored to achieving goals 0 Use the least restrictive means 0 Intermediate scrutiny 0 Content neutral 0 Important government interest 0 Narrowly tailored o Adequate alternative channels THE OPEN FORUM TEST time place and mannerquot 0 Limited public forum a forum that has traditionally only been open to public expression and assembly for specific limited purposes Nonpublic forum a forum that has traditionally not been open for public expression and assembly Inflicting Harms expressive acts can and do cause personal harm emotional distress and liable parties can be forced to pay damages DANGEROUS SPEECH Chaplinsky v New Hampshire landmark for fighting wordsquot speech by which its utterance inflicts injury or intends to incite an immediate breach of the peace 0 1942 Walter Chaplinsky called a city marshal a goddamned fascistquot at a time when those words would provoke a reaction 0 USSC upheld conviction a personal facetoface encounter verbal assault must be constrained if threatening Fighting words doctrine evolved to curb fighting words that would tend to incite an imminent threat to violence CH 3 case briefs 21615 451 PM Tinker V Des Moines 393 US 593 1969 Facts symbolic speech 1965 2 high school student John Tinker Christopher Eckhart middle school student Mary Beth Tinker Wanted to wear arm bands in protest of Vietnam war School didn t want that so they enacted a dress code prohibiting arm bands Wore arm bands to school and were suspended until they didn t wear them Supreme courts ruling over turned schools policy on student 72 Protest allowed unless it presented a disruption to school education for other students Tinker test statute that formed from this case Fear of disruption is not grounds for restricting speech school board was worried about disruption rather then an actual disruption occurred chilling effect Prior restraint preventing an action before it happens Don t shed rights when you enter school unless disruptive Justice Hugo Black students are there to learn not to teachquot Hazewood School District v Kumeier 484 US 290 1988 School news paper end of year submitted to principle for review May 13 1985 2 articles experiences with pregnancy divorced parents 0 Principle cut those articled out because Concerned that pregnant students privacy violation And the fact that divorced parents could not defend themselves and people were only seeing one side School new was not a public forum Paper was viewed as an extension of the class room for credit overseen by teacher Grayned v City of Rockford 408 US 104 1972 African American student picketing during school hours created disturbance to class rooms were visible from class windows with loud noises Violated school noise ordinances and disturbance of the peace picketing Protesting racial inequality in the school regarding hiring of teachers counselors all white 0 Would not have had as big of an effect had it not been on school grounds place protest occurred held symbolic meaning 0 Time place and mannerquot 0 Compatible use doctrine Allows restriction of speech when the manner of expression is basically incompatible with the normal activity of a particular place at a particular timequot o Strict scrutiny Compelling government interest protecting educational environment Narrowly tailored Least restrictive means 0 Decision 0 Upheld noise ordinance o Struck down picketing language discriminated against particular viewpoints was not viewpoint neutral and was over broad didn t specify time Waters v Churchill 511 US 661 1964 0 Nurse complains about training policies put in place by her department managerial policies publicly owned Fired on the grounds of insubordination not following orders 0 acting out of spite criticisms disrupting the harmony of the hosptal United States v OBrien 391 US 367 1968 0 David Paul O Brien 1966 Burned draft card on the steps of a court 0 Draft card is government record violating federal statue no altering of draft card 0 Different means of protest 0 Intermediate scrutiny Government interest a way to prove you aren t clogging the draft officials could ask men for their card at anytime Content neutralunrelated to speech Narrowly tailored Adequate alternative channels Watchtower Bibe amp Tract Society of NY v Village of Straton 536 US 150 2002 Chpinsky v New Hampshire 315 US 568 1942 o Chaplinsky v New Hampshire landmark for fighting wordsquot speech by which its utterance inflicts injury or intends to incite an immediate breach of the peace 0 1942 Walter Chaplinsky called a city marshal a goddamned fascistquot at a time when those words would provoke a reaction 0 USSC upheld conviction a personal facetoface encounter verbal assault must be constrained if threatening Fighting words doctrine evolved to curb fighting words that would tend to incite an imminent threat to violence RAV v St Paul 505 us 377 1992 CH 3 lecture 21615 451 PM No licenses for same sex 0 US district said it was unconstitutional Appealed to 11th circuit 0 Supreme court said it was 0 Alabama judge defied supreme court ruling 0 14th and 15th amendment marriageliberty 0 without due process Obama war powers authorization request against ISIS 0 Congress has ability to declare war not president 0 Strategy war bomb everyone Citizens united v FEC federal election commission 0 Statute in question Corporations not allowed to contribute to politics 0 Corporations could buy politicians into doing things in favor of the corporations enacting laws governmental leniency o Spending stockholders money 0 Corporations are only interested in making money Types of speech 0 Symbolic 0 Writing SHence 0 Speaking Public forum 0 Any area that has traditionally been used as a public forum 0 History of allowance of free speech 0 Resembles public forum sidewalk street Testing of government rule 0 Strict scrutiny o Compelling government interest 0 Narrowly tailored 0 Least restrictive means 0 Intermediate scrutiny important government interest substantially related 0 Government interest 0 Content neutralunrelated to speech 0 Narrowly tailored o Adequate alternative channels 0 Rational basis test rationally related to a government interest Bong hits for Jesus at Olympic torch relay 0 Guy gets expelled from school 3 days for a sign he displayed off of campus 0 Justified o Representing the school government interest 0 Promoting illegal activity falls out side of protected speech
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