Government Notes from 10/10/16
Government Notes from 10/10/16 PSCI 1040
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This 3 page Class Notes was uploaded by Max Miller on Monday October 10, 2016. The Class Notes belongs to PSCI 1040 at University of North Texas taught by Gloria Cox in Winter 2016. Since its upload, it has received 20 views. For similar materials see Goverment in Political Science at University of North Texas.
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Date Created: 10/10/16
Class: PSCI 1040 Reminders: Date: 10/7/16 Test 2 is on 10/19/16 and will cover Topic Covered: Freedom of Ch. 3 and 4! Speech Don’t forget to get Ch. 1, 2, & 3 in the Created By: Max Miller online textbook done before test day!! Crash Course “Freedom of Speech” on YouTube Notes:___________________________________________________ Test Info: o Approx. 20 questions on Federalism o Approx. 30 questions on Liberties o The slides that have been posted are somewhat formulated like test questions… Whitney v. California o I didn’t get all of this information down, but Prof Cox didn’t go back over it, so I don’t think that it will be important, but I will include what I got. o Justice Jovis Brandeis wrote that “freedom to think as you will and to speak as you think…” Examples of freedom of speech o Westboro Baptist Church Demonstrating at numerous things with mean signs Their actions are protected under the constitution o Texas A&M affiliates guarding former Corps member who was killed in combat They were specifically guarding the family and friends of the former Corps member from the likes of the Westboro Baptist Church o Similarly, people have demonstrated against the Westboro Baptist church with signs of their own First Amendment o “Congress shall make no law [against] the freedom of speech and the freedom of press” o This was incorporated to the states in 1925 “Somethings have much more protection than others” – Prof. Cox o Expression is subject to so-called time, place, and manner restrictions BUT NOT CONTENT RESTRICTIONS Freedom of speech often denied o Sedation Act of 1978 Made it illegal to criticize the president o Before the civil war, states in the north made it a crime to express support of slavery and the states in the south made it a crime to speak against slavery o Margaret Sanger was jailed for providing a lecture of birth control to her patients o Union organizers were frequently jailed o Eugene v. Debs was sent to jail for ten years for telling a group of workers they were “fit for something better than slavery and cannon fodder” Protected speech and press o Censorship Most important principle in freedom of the press that prior censorship of something is almost never allowed Prof. Cox said “we say there is a heavy presumption against its constitutionality” o Near v. Minnesota 1931 A man owned and published a defamatory paper and Minnesota tried to outlaw defamatory papers altogether, but the SC ruled that that was censorship and therefore unconstitutional o The Pentagon Papers This case involved the publication of stolen paper from the Pentagon that outlined the U.S.’s involvement in Vietnam leading up to the war The SC ruled against an injunction filed against Daniel Ellsberg, an analyst at the Pentagon, and the guy who stole the documents The SC said that the reasoning behind the injunction was the essence of censorship Also, the SC said that the documents in question were historical in nature, and therefore did no harm to our soldiers in Vietnam Symbolic speech o This is making a statement without speaking Ex: political buttons, wearing green on Fridays on campus, etc. o Kids in Iowa, during the Vietnam war, were expelled from school for wearing black armbands to school in order to show their distaste for the war The SC ruled with the kids because other student had forms of symbolic speech on their clothing at school all of the time Also, one of the SC justices said that “we cannot let our schools become bastions for totalitarianism” o Flag burning Prof. Cox said that flag burning is the most important activity that the SC has addressed And, they have always ruled in favor of flag burners
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