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Week Two Notes (9/20/16-9/22/16)

by: Wryan Mitchell

Week Two Notes (9/20/16-9/22/16) PSC 261

Marketplace > DePaul University > Political Science > PSC 261 > Week Two Notes 9 20 16 9 22 16
Wryan Mitchell
GPA 3.5

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About this Document

These notes cover our discussion about Tinker vs. Des Moines and The New York Times vs. United States.
First Amendment Rights
Joseph Mello
Class Notes
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This 3 page Class Notes was uploaded by Wryan Mitchell on Monday September 26, 2016. The Class Notes belongs to PSC 261 at DePaul University taught by Joseph Mello in Fall 2016. Since its upload, it has received 32 views. For similar materials see First Amendment Rights in Political Science at DePaul University.


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Date Created: 09/26/16
Week Two (9/20/16-9/22/16) • Tinker vs. Des Moines (1969) o "Christmas truce" • Tinker family and a member of the Eckhardt families wore black armbands to school to mourn the death of soldiers of the Vietnam War • Were suspended for wearing the armbands because the school believed that they were disturbing the peace o Legal Questions? Is it unconstitutional to prevent them from wearing their armbands ("pure speech")? Do schools have the right to prevent students from wearing what they want? o Outcome: 7-2 o Majority Opinion: • Argues that the armbands do not bring a disturbance to the school, so they should have been allowed to wear the armbands • School did not have evidence that showed that it disrupted the school § The decision was based more on the idea that the school did not want to bring discomfort to the student • Content based restrictions or "time, place, manner" restrictions § Choosing to restrict your form of speech because it displeases another person • Content basedà involves strict scrutiny, which needs to have • “Compelling interest” • “Narrowly tailored” • “Least restrictive means” • "Time, place, manner" restrictions need to have • “Legit purpose” • “Reasonably related” o Dissent opinion: • School is a place where learning takes place, not where political opinions should be expressed • School should have restrictions on free speech • Considered "time, place, manner" restriction instead of "content based" • New York Times vs. United States (1971) o Deals with "prior restraint" • "Prior restraint"- where certain materials can be prevented from being published by the government • The government wants to prevent the Times from publishing certain information o Involves the publication of information from “the Pentagon Papers” • Included classified information pertaining to the Vietnam War o Case Facts • Information from the Pentagon Papers is leaked • New York Times publishes the information and Washington Post tries to do the same o Legal questions? • Can you prevent the press from publishing certain information? • Should freedom of press be restricted when it comes to publishing certain “classified” information? o Outcome: 6-3 • Court decides, that the Nixon Administration trying to prevent the New York Times and the Washington Post from publishing classified information is a violation of the First Amendment (freedom of the press). Justice Black (with Justice Douglas) concurs saying that the First Amendment protects the Times and the Post’s want to publish classified information. •


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