F Unit 4 Your Rights: Freedom of Expression Freedom of Speech, Freedoms of the press and assembly First Amendment limits and protects freedom of expression, Tinker, Shenk, New york, Texas, Edwards, prior restriant, libel

Schenck v united States 1919 The Facts Supreme court said

Supreme court upheld Schenk's conviction and said you are quilty Your first amendment right was not necessarily violated, because there can be laws about what you can say The court ruled that in wartime, freedom, of speech can be limited.

Freedom of Speech is the right to engage in speech or action that is:

-literary publish works -artistic -political unpopular or president is good job you have right no one can hurt you for it. -scientific

Comparing and Contrasting: Limitations on Press and Assembly

Assembly can be limited in order to: -stop actions that incite others to cause harm. -stop violent assemblies amendment only protects you if you are peaceful not violent -protect privacy and property rights

Schenck v united States 1919 The Facts

Charles Schenck protested the military draft He opposed World War 1 He mailed leaflets that asked Americans to take actions encouraging to avoid draft Shecnk was arrested He violated the Espionage Act of 1917 He went to court on issue

Edwards v. south Carolina 1963 The Facts

Citizens protested against segregation in South carolina They marched at the South Carolina statehouse They participated in a peaceful demonstration got together carried signs with their opinons on signs

The New York Times V United States 1971 The Facts

The GOVERNMENT has a limited power to restrain speech. Prior restraint is almost always uncontitutional. means prior to someone publishing something the federal government can say you cant do something before you do it. Must be extreme case. The government carries a heavy burden of showing justification for the imposition of such a restraint

Using the drop-down menus, choose the correct word or phrase to correctly complete each sentence. The Supreme Court ruled in favor of _____________. The government used _____________by preventing The New York Times from printing the documents. The main result of the case was to _____________.

The New York Times prior restraint limit prior restraint

The New York Times V United States 1971 The Facts while Vit. war going on

The New York Times hoped to publish a critical news story.

First amendment says

Congress shall make no law abridging.....the right of the people peaceably to assemble. Constitution of the United States Amendment 1

The First Amendment protects the freedom of the press communications protecting in newspaper, radio, magazines, internet etc.

Congress shall make no law...abridging the freedom....of the press Constitutuion of the United States Amendment 1

Congress shall make no law....abridging the freedom of speech

Constitution of the United States Amendment 1 abridging to restrain change the meaning a little bit

The First Amendment protects the right to assemble or gather with others

Freedom of Assembly

Texas V. Johnson 1989: The Case

Gregory Johnson burned a flag as part of a protest He protested the polices of President Regan

Texas V. Johnson 1989: The Case

He violated a Texas law that protected flags from being destroyed. He was sentenced to a year in jail and fined $2,000 He argued his first amendment rights were being violated.

Which statement best describes the Supreme Court's decision in Texas v. Johnson? It prevented acts of symbolic protest against the federal government. It protected actions such as flag burning and not just spoken or written words. It legalized the right to protest, but not the right to burn the flag publicly. It limited freedom of speech protections to only the written or spoken word.

It protected actions such as flag burning and not just spoken or written words.

Edwards v. south Carolina 1963 The Facts

Ruling did limit state's abilities to control free speech Unpopular views must be protected when communicated "peacefully" The Fourteenth Amendment does not permit a State to make criminal the peaceful expression of unpopular views. Justice Potter Steward Opinion of the Court, Edwards v. south Carolina

Texas V Johson Flag burning

Sample response: In deciding that flag burning was an act of personal expression protected by the First Amendment, the Supreme Court continued to extend the Constitution's protections to include symbolic speech. The Court explained that free speech cannot be limited just because an opinion is unpopular.

The right not to speak Tinker v Des Moines 1969: The Facts The School ruled and did

The School ruled they violated its school rules and suspended them. They were suspended- The school ruled that they had violated rules

Schenck v united States 1919 The Facts The Impact: Words....may become subject to prohibition when of such a nature and used in such circumstances as to create a clear and present danger. (doctrine at this time clear and present danger) examples fire on an airplane or saying bomb Holding of the Court, Schenck v. United States

The Supreme Court established a test to determine whether speech can be limited. Removed protections for dangerous speech meant to mislead or cause panic or harm.-------- (clear and present danger. (doctrine at this time directly speaking to this danger speech that was meant to mislead or cause danger.....clear and present danger) examples fire in a movie theater or airplane saying bomb) Provided the foundations for other restrictions on speech to protect public safety.

The New York Times V United States 1971 The Facts

The Supreme Court ruled in favor of the Times. The government could not prove that publishing the documents would harm national security. In favor of times The government couldn't prove that there would be danger to USA if they published it couldnt prove it

Tinker v Des Moines 1969: The Facts The IMPACT OF CASE it set limits

The case protected students' rights while establishing limits -symbolic speech could not disrupt the learning process(school couldnt prove wearing armbands was disrupted) -speech could only be limited if it threatened order or safety

The New York Times V United States 1971 The Facts

The government got involved...........................The Times was prohibited from publishing The paper was sued by the federal government. can't pring classified materials The New york Times argued that its First Amendment rights had been violated

Comparing and Contrasting: Limitations on Press and Assembly

The press can be limited in order to: -protect national security concerns. -stop libel, printing something that is untrue in order to damage their prosona

Edwards v. south Carolina 1963 The Facts

The protesters were arrested They argued that their right to assemble peacefully had been violated

[I]f there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. Which statement best summarizes Justice Brennan's opinion? The right to free speech extends to those expressing unpopular ideas. Free speech is limited only to nonviolent speech The government can never prohibit the expression of an idea. Society can prohibit speech if it is offensive or disagreeable.

The right to free speech extends to those expressing unpopular ideas.

Tinker v Des Moines 1969: The Facts Students said and did:

The students said we didn't violated school rules i feel like the first amendment rights violated. Took to Supreme Court and they ruled in students favor

Edwards v. south Carolina 1963 The Facts

The supreme court found that the marchers right to assemble was violated. Their convictions were reversed overturned. peacefully assembly holding signs

Tinker v Des Moines 1969: The Facts Supreme Court said:

They had the right to symbolic speech Their First amendment rights had been violated

libel

a newspaper that prints a damaging lie may be guilty of

I understand that this flag has serious important meanings . . . But that does not mean that . . . people may not under the First Amendment show their feelings by what Texas calls desecration of a venerated object. I think it's a most important case. I sense that it goes to the heart of the First Amendment, to hear things or to see things that we hate test the First Amendment more than seeing or hearing things that we like. It wasn't designed for things we like. They never needed a First Amendment. —William M. Kunstler, Attorney for Gregory Lee Johnson, Texas v. Johnson Use the drop-down menu to complete the sentence. In this excerpt, attorney William Kunstler is arguing against his client's conviction. The main idea of this excerpt is that the First Amendment is essential because it _____________________.

allows for symbolic speech

prior restraint

an effort to stopsomething from being printed or spoken is

Your freedom of speech can be

limited

Freedom of speech also protects ones right not to

not to speak or symbolic speech

assmeble

people have a right to ____ to compalin to the government

Tinker v Des Moines Match up protected speech

protected symbolic speech liimited the disrupton of learning was a protest of the vietnam war

Schenck v united States 1919 Match up put limitations on speech

restricted speech that caused harm was a protest of World War 1 Placed limits to protect public safety

Tinker v Des Moines correct order

students wore armbands students suspended supreme court ruled students secured the right to symbolic speech

The right not to speak Tinker v Des Moines 1969: The Facts Case about:

students wore black armbands to school They were protesting US involvement in the Vietnam War

We believe that preservation of the flag as a symbol of nationhood and national unity is a compelling and valid state interest. We feel very certain that Congress has the power to both adopt a national symbol and to take steps to prevent the destruction of that symbol, to protect the symbol . . . we believe that if a symbol is . . . abused that it can in fact, lose its symbolic effect. According to Texas's attorney, why should the flag be protected? to uphold it as a symbol of unity to prevent other symbols from being adopted to allow it to lose its symbolic effect to preserve it as a symbol of nationhood to protect its effect as a symbol

to uphold it as a symbol of unity to preserve it as a symbol of nationhood to protect its effect as a symbol