1st Amendment: Speech and Press
1st Amendment: Speech and Press POLS 2311 - 002
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POLS 2311 - 002
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This 3 page Class Notes was uploaded by Jasmine Orta on Saturday October 10, 2015. The Class Notes belongs to POLS 2311 - 002 at University of Texas at Arlington taught by Richard E Millsap in Summer 2015. Since its upload, it has received 72 views. For similar materials see GOVERNMENT OF THE UNITED STATES in Political Science at University of Texas at Arlington.
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Date Created: 10/10/15
1St Amendment Speech and Press 0 We admire the freedom we have to share our ideas Whether it be through religion science knowledge art politics etc 0 Ideas are powerful and new ideas have always been resisted in history even when Iater proved to be true 0 The danger of such a threatening environment is that fear of punishment sti es ideas one even suspects might be condemned and thus is concealed and society cannot advance 0 Thus the lst amendment is designed to protect quotunpopularquot speech and press from majority RIGHT TO OFFEND others but not the right to injure 0 Jefferson said quotwhere the press is free and every man able to read and every man able to read all is safequot Jefferson also saidquot Were it left to me to decide whether we should have a government without newspapers or newspapers without a government I should not hesitate a moment to prefer the latter if every man could receive and read themquot 0 Answer to bad speech is a better speech 0 Freedom of info is a check on power of government Speech and Press IntoIerant stop ideas by killing advocates o Belief in earth revolving around the sun resulted in death penalty by religion Thomas Paine did not believe in bible 1600 puritan condemned Quakers to death Salem witch triaIs controlled by lies not facts Ideas do incite some right to injustice riot for wrong Line between press that advances society Controversial phrases is not to say it is quotlegally destructive speechquot OOOOOO Heresy 2005 Danish satirical artist Kurt Westergard published cartoon showing Mohammed with a bomb in turban which caused rioting around the world A Balance 0 Drew a line separating permissible from impermissible speech judges have had to balance freedom expression 0 Threats 0 Right to fair trial Alien and Sedition Acts 1798 0 Congress passed law to make it a crime to criticize government In the civil war President Lincoln iIIegaIIy suspended habeas corpus permitting him to arrest any he wanted including newspaper reports 0 The Espionage Act 1917 0 Made it a crime to criticize government in a way that encouraged men to resist enlisting in the military 0 Presidential candidate sentenced to prison for war resistance Debs V US 1919 o Freely criticize wars without penalty 0 Near V Minnesota 1931 o Overturned Minnesota law requiring newspapers statements about government criticism to be proven true before publication 1St Amendment Speech and Press 0 NY Times V US 1971 o Pentagon papers case Subsequent punishment after utterance Justice Holmes de ned the quotclear and Present dangerquot test in Schneck V US 1919 o WWI speech advocating military draft 0 Dennis V US 1951 o Brandenburg V Ohio 91969 de ned the limits of freedom of speech Osama Bin Laden Sheikh Omar AbdelRahman Laden declared Muslim holy war against Americans September 11th Libel and Slander 17th century England was seditious libel to criticize the king or his ministers you could be imprisoned or executed Libel is written statement that wrongly that wrongly de ned character of a person 0 NY Times V Sullivan 1964 o Stopped government from suing citizens when they criticize them Obscenity and Pornography Public standards vary from time to time What some may call vulgar others would call a work of art No nationwide consensus exists that vulgar material should be banned Roth V US 1957 Osborne V Ohio 1991 Miller V California 1973 0 Miller concerned bookseller Marvin Miller39s conviction under California obscenity laws for distributing illustrated books of sexual conduct Court decided that the material was not protected by lst amendment ThreePronged Test 0 Average person applying contemporary standards would nd the work as a whole to prurient interest 0 Work depicts in an offensive sexual conduct speci cally de ned by law 0 Whether work as a whole lack serious value Symbolic speech symbols signs and other methods of expression The Supreme Court upheld as constitutional a number of actions including Tinker V De Moines ICD 1968 Texas VJohnson burning of ag Vagueness 0 Such laws have a chilling effect because no one knows what is or is not allowed 0 Fighting words 1St Amendment Speech and Press 0 Illegal can injure amp provoke some to attack injure or kill 0 RAV V City of St Paul 1992 0 Anthony D Elonis V US 2015