Topics 3.6, 3.7, 3.8 Review Quiz

speech protected by the 1st amendment

-Political and ideological speech -Symbolic speech, like flag or cross burning and wearing armbands -Speech on the internet -Writing, printing, broadcasting -Peaceful protests and assembly -Speech and expression in public schools -Government censorship -Artistic forms of speech

speech not protected by the 1st amendment

-Speech that promotes the usage of illegal drugs -True threats that force someone to commit a crime -Words that lead people to violence -Pornagraphy and child pornagrophy -Fraud and false commercial advertisement -Defamation or false statements -Civil disobedience or violent protests

libel

A publisher is sued for saying untrue things about a person or agency. If the case is proved, then monetary damages will be received.

New York Times v. Sullivan

An advertisement in the Times newspaper included inaccurate statements about the way Louisiana's law enforcement was treating civil rights protesters. Sullivan sued the Times because he felt these mis-statements amounted to libel. The Supreme Court voted against Sullivan because the standard for libel of a public figure is actual malice and that he did not prove the Times knew these statements were false before publishing them in the newspaper.

Compare civil liberties and civil rights

Both civil rights and civil liberties are from the 14th Amendment. Both of these provide protection and freedoms to citizens. Civil rights protect individuals from discrimination by the government/other individuals and guarantee the equality of all citizens, while civil liberties are political freedoms that protect individuals from government tyranny.

prior restraint

Censorship of the press before a story is published in print, broadcast on television, radio, or the internet.

what are considered low first amendment value and can be limited

Defamation is the action of saying false statements that could ruin someone's good reputation. This can lead to criminal punishment or civil liability if the speaker intentionally said false things or lied. True threats are statements that frighten people into committing a crime because they will be harmed if they don't do what the speaker says. Fighting words are in person words that offend the other person and lead to fighting. These words do not include those that are political and produce violence. Obscenity is pornography that is extreme and very distinct. This is not protected by the First Amendment. Although, the government usually will not prosecute people who distribute this online. Child pornography is punishable videos and pictures of children taking part in sexual behavior. The publishment of this would create the sexual abuse of children from others so this material can be produced. Commercial advertising is protected by the Constitution, but not as much as the other forms of speech. It is using speech in order to advertise certain goods and services.

Social Order cases

Employment Division v. Smith because the court ruled that the practice of these people used was illegal due to the drug, which limits how they can practice their religion. States can uphold laws that violate individual liberty, like free exercise. Everson v. Board of Education because the government money being given to parents who sent their children to religious schools was not a violation of the Establishment Clause. Reynolds v. United States because the court that a law which prohibits polygamy is not unconstitutinal. Outlawed polygamy

Individual Liberty cases

Engel v. Vitale because they ruled that schools cannot hold mandatory prayers that would create a sense of an established religion. Prevents students to sit through a nondenominational voluntary prayer. Wisconsin v.Yoder because they ruled in favor of the Amish due to the fact that the law went against their religion of sending their children to schools after age 16. This law violates the free exercise clause. McCullum v. Board of Education because states cannot create an entanglement of church and state to use money for religious construction between religious schools. Lemon v. Kurtzman because the Establishment Clause was violated due to government funding being given to education that involves churches. Established the Lemon Test.

libel protect or limit

Libel limits the freedom of the press because the publisher will be sued for saying untrue things about another person or agency. This limits what people can publish and, therefore, limits freedom of the press because people cannot post what they want.

Are public school students and government employees protected by the freedom of speech?

No, public school students and government employees are not protected by the freedom of speech. The government can restrict their speech if it is not compatible with who they are as a public official or student.

national security

Security of the nation where certain issues are so important that the government can censor the press before they print stories about them. For example, the prevention of printing description about troop movements during a war, which could potentially help the enemy.

Near vs Minnesota

The Saturday Press newspaper was going to publish a story about Minneapolis being under secret control of Jewish gangsters. City officials got an injunction to stop them from publishing this story and let the editors go before a judge. The judge ruled that if the story was in violation of the injunction, the editors would be punished for contempt of court. The newpaper counter-sued that their freedom of the press was violated. The Supreme Court agreed because the press is essential for the political system to work.

Did the court's ruling in Schenck v. US (1919) support individual liberty or social order? Explain (Cite relevant evidence from the facts or decision of the case.)

The court's ruling in Schenck v. The United States supports social order. The government needed to create a military in order to protect the nation during a time of war and a draft was how they were going to get people to join. The court ruled that the speech from the First Amendment could be interpreted to prevent it's expression and the Espionage Act was constitutional. This maintained social order because the government created the draft but now can limit speech after it's expression.

According to the essay, how has the Supreme Court addressed free speech during the 100 years since the end of World War I, and what is the status of free speech protections today?

The courts were not always so protective of the freedom of speech. In the 19th century, the court permitted the punishment of blasphemy and allowed any speech that promoted crime to be punished, shortly after World War I. In 1925, the Supreme Court ruled that the state, local, and federal governments were all limited by the First Amendment. Although, starting in the 1920s, the First Amendment was being interpreted more broadly and now it offers the strongest legal protection ever in history.

Summarize the three prong test used by Justices after the Lemon v. Kurtzman ruling.

The three prong test that was used by the judges is called the Leon Test. These prongs are the law must consist of a legislative secular purpose (not religion), it cannot have the primary effect of advancing or inhibiting religion, and there can be no excessive entanglement in government and religion

New York Times v. US

There was an issue with the New York Times on whether or not they could publish Pentagon Papers. They were secret documents that were stolen by Ellsberg, who worked for the Defense Department. These papers detailed the government's reasoning on the Vietnam War and if it was true or not. The government tried to stop them from publishing this because it would make them look bad and turn more people against the government. The court ruled against the prior restraint and protected freedom of the press. It also prevented the executive ranch from keeping secrets from the citizens.

Are hate speech, blasphemy, and violent video games protected by the freedom of speech?

Yes, hate speech, blasphemy, and violent video games are protected by the First Amendment's freedom of speech. This is because the Supreme Court has been reluctant enough to expanded the list of "low" value categories of speech.

Are restrictions on noise, blocking traffic, and large signs protected by the first amendment?

Yes, noise, blocking traffic, and large signs are protected by the First Amendment as long as they are reasonable. Although, the government has the power to restrict these if it is not seen as reasonable. Since these apply to all speakers, they are less of a threat to the core of First Amendment's concern that the government cannot favor certain ideas over others.

Establishment Clause

allows people to choose their own religion without interference from the government. It also prevents the government from creating a national religion and an established church. The Establishment Clause states "Congress shall make no law respecting the establishment of religion..." This clause is meant to prevent a national religion with an established church. It allows people to freely choose their own religion and express it.

Free Exercise Clause

allows people to freely express their chosen religion. This allows people to practice their own faith without any kind of interference. It also prevents the government from creating any laws that are directed at religion The Free Exercise Clause states "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof." This clause prohibits the government from interfering with the practice of free religion.

If the issues of individual liberty and social order are placed at odds against each other, which do you think is more important for the courts or the government to uphold?

government should uphold individual liberties because citizens are given certain rights and freedoms that are protected by the Constitution, so the courts should protect these. Depends on the situation, like war should be social order, and if different situations the court might rule differently.

Employment Division of Oregon v. Smith protect or limit

limits the freedom of religion because the court is taking away practices that result in citizens not complying with a valid law. This limits how these people can freely practice their religion.

prior restraint limit or protect

limits the freedom of the press because it allows the government to review what content is being published and stop its publication.

national security protect or limit

limits the freedom of the press because publishers are prevented from publishing certain national issues and stories that are occuring in the nation. Even though they are for the security of the nation, the people should be able to publish and read about what is happening in the government.

Tinker vs. Des Moines Independent Community School District, liberty or order

protected individual liberties because the court ruled that freedom of speech should only be limited in schools if there is a reasonable prediction that the speech would create "material and substantial disruption" to the function of education in the schools.

Wisconsin vs. Yoder (1972) protect or limit

protects freedom of religion because the Supreme Court ruled in ways that allow the Amish to stop sending their children to schools after the 8th grade. This allows the Amish to fully practice their faith since they do not believe their children need to go to school after the age of 16.

New York Times vs US limit or protect

protects freedom of the press because the Supreme Court ruled in favor of the New York Times. They ruled that the prior restraint from the government was not allowed and it further secured the freedom of the press for the New York Times. This protects the press because the court did not strike down their publication of the Pentagon Papers and prevented the government from keeping secrets from the citizens.

Lemon vs. Kurtzman (1971) protect or limit

protects the freedom of religion because it protects the religious schools from government intervention. By using the state's money for these schools, they could be impacted upon by the government and state officials. This ruling takes away this money, but also protects these schools and allows them to continue.

Engel v. Vitale (1962) limit or protect

protects the freedom of religion by not creating an established religion that students would practice in schools. This allows students to freely practice their chosen religion and not have to attend a school that recites only one particular faith.

near vs Minnesota limit or protect

protects the freedom of the press because the Supreme Court ruled in favor of Near stating that the use of prior restraint on publications was unconstitutional and violated the freedom of the press. This ruling protected the freedom of the press and started to put an end to prior restraint usage on publications.

New York Times v. Sullivan protect or limit

protects the freedom of the press because the court ruled in favor of the New York Times. They ruled that libel can only be a punishment if the publisher knew the information was false before actually publishing it. The freedom of the press is protected here because the New York Times and other publishers are permitted to publish information that could potentially be false as long as they do not know it is false before publishing it. This allows people to freely publish information that they do not know is true or not.

Did the court's ruling in Tinker v. Des Moines Independent Community School District (1969) support individual liberty or social order? Explain (Cite relevant evidence from the facts or decision of the case.)

stated that the right to freedom of speech is not taken away when students are in public schools. The school should only limit their students' freedom of speech if they have a reasonable prediction that the speech will cause a disruption in the school. This supports individual liberties because the students' freedom of speech in public schools was protected by the Supreme Court ruling.

What other forms of communication are protected by freedom of speech and the press?

talking, writing, printing, using the internet, broadcasting , and forms of expression. These forms of symbolic expression include burning flags, burning crosses, displaying flags, wearing armbands, and others.

Schneck vs. US, liberty or order

upheld social order because they ruled in favor of the United States. The court ruled that the Espionage Act did not violate the First Amendment and that they can punish certain kinds of speech after its expression. This shows that the United States government is allowed to do a draft when in war and ratify the freedom of press and speech.