Government week 3
Government week 3 PSCI 1040
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This 4 page Class Notes was uploaded by UNT_Scientist on Friday March 4, 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 16 views. For similar materials see Goverment in Political Science at University of North Texas.
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Date Created: 03/04/16
Week 3 Feb. 22 Test 2 March 11 Rulings are iblue Underlineinformation is important Bold text is vocabulary ■ We have become a nation where people use religious be toons as a way of expressing political and cultural dissent ○ Free exercise class ■ Freedom to believe is absolute by we distinguish between beliefs and practices. ■ A religious practice may be curbed, prohibited, or limited in some way if there is a valid secular purpose for doing so ● if it is legal you can do it for religious purposes if it was illegal the practice done in any setting be it religious or not it is still illegal ○ Polygamy 1879 ■ Federal assistance to in sitting that discriminate ○ Salutes ■ Bellamy salute ■ congress says how we pledge allegiance ○ Minersville case ■ Should we force people to pledge allegiance ■ Issues ● Saluting the flag ○ 1940. ■ Kids HAVE to salute ○ 1943 ■ Oh wait never mind it's unconstitutional kids DO NOT have to salute the flag ● Animal sacrifices ○ 4.3 freedom of speech often denied ■ Abridged at various times ● Sedition act of 1798 (112) which made it a crime to criticize the President or other officials ● Civil war restrictions on speech ● 1919 ○ Supreme Court finally ruled on a free expression case ■ Fred phelps and members of the Westboro baptist church from Kansas ■ Protected speech and press ● Censorship prior restrain) ○ You can't stop the printing of somethings before it is printed or said ○ Most important principle in freedom of the press's is that pair censorship of somethings is almost never allowed ■ We say there is heavy presumption. Against its constitutionality ○ Important cases ■ Near v Minnesota 1931 and the pentagon papers case involving publication of stolen documents about the Vietnam War. ● Daniel Ellsberg ○ Worked at the pentagon ■ Wa privy to a report about American presidents deliberately deceiving the American people and the Vietnam war (19451967) ○ gave to New York Times publishing in 1971 and Washington post ○ Government files suit and says that you can't publish the documents ○ Supreme Court upholds the first amendment and rules against the federal government ■ Didn't go to jail because evidence against Ellsberg was illegally obtained ● Symbolic speech ○ Types of actions that can constitute symbolic speech almost without limit ○ Flag burning is most important activity that the Supreme Court has addressed ○ Cowen v US ■ Man came in with fuck the draft on a jacket ■ Was protected because it was a political message ● Hate speech ○ Should speech be restricted if it says nasty things about people on account of their race, ethnicity, sexual orientation, or other attributes ○ Much debate about this issue, especially I n college campuses ● Parody, satire ○ Mocking people through the the use of satire or parody has a long wonderful history in the US ■ Think Saturday night live ○ Most famous case went all the way t the Supreme Court and became a big movie ■ Reverend Jerry Falwell ● Parodied by hustler magazine about Jerry Falwell’s first sexual experience ● Publisher Larry flynt ○ Flynt win ○ People vs Larry Flynt ● Unprotected speech and press ○ Libel and slander ■ Expression that is flashes AND hurts another person's reputation is known as slander (spoken) and libel (written) ■ Note that it is perfectly okay to say something about another person that will harm that person's reputation if it is. True ■ Famous people have less protection than people who are not famous ○ Defamation ■ The act of ruining someone's good reputation ○ Fighting words ■ “Words that by their very utterance inflict injury or tend to incite an immediate breach of peace” are bit rite to by fifth amendment ○ Censored publications ■ Student newspapers ■ CIA memoirs ■ Information directly related to national defense such as battle plans ○ Pornograhy and obscenity ■ They are not the same ■ Porngraphy is protected under first amendment and is legal to possess it ● UNLESS it's child por graphs which is always illegal ■ Obscenity is not protected but it is difficult to define ● It must deal with sex, it must do so in a prurient (unwholesome) manner, and it must be without redeeming value ● Guidelines ○ Must deal with sex ● Privacy ○ A controversial right ■ We have rights that are not specifically mentioned in the Constitution the right t get a job, invest money, buy property, travel, have children and many more. So what makes piracy so controversial ○ The early days ■ Privacy was easier to maintain people lived further apart and had limited access to one another ○ Birth control contraceptives ■ in the past kept for store shelves, not for sale to minors or unmarried people banned altogether, depending on the state ■ best example ● Connecticut which outlawed sale of all forms of contraception and even made it illegal for doctors to discuss it with patients ● Griswold v Connecticut 1965 ○ Supreme Court overturned Connecticut’s law AND recognized the existence of a right of privacy ●
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