Lecture Notes 4rd Week (Sep 15 & 17)
Lecture Notes 4rd Week (Sep 15 & 17) COM250
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This 3 page Class Notes was uploaded by Nathalia Notetaker on Friday September 25, 2015. The Class Notes belongs to COM250 at University of Miami taught by Samuel Terilli in Fall 2015. Since its upload, it has received 72 views. For similar materials see Freedom of Expression in Communication Studies at University of Miami.
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Date Created: 09/25/15
Freedom of Expression 09152015 Unconstitutional What does it mean for the Supreme Court When a law violates the US Constitution If an individual violates the law but that same law consequently violates the US Constitution it is determined to be unconstitutional No law can violate the US constitution Laws are evaluated based on what the Constitution states it is the Supreme Law Intermediate Scrutiny Looks at the law and applies analysis to determine if it is a Constitutional law 0 When the law is not targeting free speech the court decides to apply the O Brien test Flags What could be more symbolic than a Flag 0 American Flag Symbol of our country Flag Burning in the United States 0 History of symbolic importance of the American Flag 0 Should Government be neutral in marketplace of ideas Or may Government speak but not stop others 0 Should the majority de ne permissible uses for the ag 0 Different Flag The confederate agSoviet Flag Example Michelle Manhart arrested for protecting the US ag from desecration Why was she arrested She stoe someone ese s ag It was not a matter of freedom of expression but of Theft Not protected by the First Amendment Expressive conduct States claimed interest Preventing breaches of the peace amp preserving ag as a symbol of nationhood amp unity No evidence to support the former an the latter which focuses on the content must satisfy a stricter test the most exacting scrutiny The compelling government interest test Case Texas vs Johnson 1989 0 He thought they were using the law to suppress expression Difference between the O39Brien and Texas v Johnson case 0 O39Brien The court says the law does not limit expression 0 Texas The law is used to silence someone that is burning the ag Intermediate scrutiny and spread scrutiny In the book Congress politics amp the reaction Flag protection Act of 1989 0 Illegal to improperly damage the ag regarding the message to protect the physical integrity of our country 0 The Supreme court didn t believe that and reversed the act US v Eichmann 1990 54 Proffered Amendment amp other responses Congress has to amend the constitution so that the mistreating of the ag would be illegal but still not violating freedom of expression not by passing another law The Supreme Court has to agree Post Texas v Johnson Reaction o Is it conduct expression expressive conduct or what What if government body wants to regulate or prohibit it Public indecency law win governments power An important interest What is the interest Unrelated to suppression of expression Case Study Nude dancing When does speech Conduct Dance is expressive Where is the line drawn between dance with some nudity ballet and plane nudity Stripping The difference between expression and commerce 09172015 Discussion If a person stands in a park and tries to in uence others to kill for a political reason should that person be prosecuted or is his speech protected by the rst amendment At what point the speaker exercise in uence on the receiver for the receiver to act in a way that the speaker is liable for Example In Hialeah a white American walks in the streets expressing his admiration and support for Fidel Castro A Cuban Carlos sees him and tries to in uence other Cubans to attack the American Carlos does not attack the American however other Cubans do Whom does the First Amendment protect The First Amendment would protect the American exercising his freedom of expression Carlos could be pledge guilty of conspiracy however his case is difficult he was The First Amendment does not protect the Cubans who attacked the American When do we protect speech that advocates violence Advocates lawbreaking Brand amp Bird Case o If a person advocates aw break now and the reality in society leads to the probability of people to actually be in uenced that person would be prosecuted Movies Movies at the beginning where not considered free speech Mutual Film Corp v Industrial Film Comp Of Ohio 1915 90 lncitement amp Threats What is the line between protected advocacy or speech amp unprotected incitement of illegal conduct Schenck v US Case Study Who was Shenck What did he say that lead to his arrest What ega test did the SCT apply to decide if the conviction was constitutional What reasoning did the SCT apply to justify the test How did the STC apply the test to the facts to decide if the Schenck s 1 Amendment free speech rights were violated nu the arrest and conviction When was the case decided March 1919 Clear amp Present Danger test Relevance of Wartime Question of proximity and degree The beat goes on and on Frohwerk v US 1919 12 articles in German Language Debs V US 1919 Speech in Canton Ohio 1918 Holmes amp Brandeis debate Abrams v US 1919 inciting resistance to war effort The Supreme Court affirmed the conviction