C H A P T E R 19
Civil Liberties: First Amendment Freedoms
•Section 3 Freedom of
Speech and
Press
Mr. Mihoci
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Chapter 19
C H A P T E R 19
Civil Liberties: First Amendment Freedoms
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Section:
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Chapter 19
The Free Exchange of Ideas
Freedom of Speech and
Freedom of Press
guarantees are meant to:
• Protect each person’s
right of free
expression, whether
spoken, written, or
communicated in any
other way.
(LIMITATIONS EXIST)
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Freedom of Speech and
Press do not protect:
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Libel, the false and malicious
use of written words
Slander, the false and
malicious use spoken words
Obscenity (of all sorts)
Or Words that incite others to
commit crimes (riot,
overthrow government,
brainwash, storm a theater,
etc.)
Chapter 19, Section 3
Seditious Speech
Sedition = crime of attempting to overthrow the government by force, or
to disrupt its lawful activities by violent acts.
Seditious speech = is speech that urges such conduct by others.
Congress
has enacted 3 major laws to prevent sedition and
seditious speech:
The Alien and Sedition Acts of 1798
The Sedition Act of 1917
The Smith Act of 1940
•
Without needing to know all the details of each, all 3
helped make it illegal to speak out against government or
attempt / encourage it to be overthrown
(notice all came about during times of war)
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Chapter 19, Section 3
Obscenity
Obscenity laws --Freedom of speech/expression is not
permitted if OBSCENE Obscenity Test laid out in Miller v. California, 1973
1) By Contemporary standards is it sick / over top
then its obscene
2) Work describes offensive sexual conduct that is
specifically outlawed as obscene then = obscene
3) The work lacks serious value of any variety.
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Chapter 19, Section 3
The Media
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The relationship between the Freedom of Speech and Press
Amendment and the Media:
Confidentiality - Supreme Court ruled that members of the news media
are not allowed to keep their sources confidential in a federal court of
law.
……HOWEVER – 30 STATES do have “Shield Laws” for state court
cases that give reporters some protection against having to reveal their
sources (setting up a state v. federal law conflict)
Both RADIO and TELEVISION Media: Government regulation is involved.
The FCC (Federal Communications Commission) monitors what can be
broadcast – music and video games are included in this.
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Chapter 19, Section 3
The Media…..
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Symbolic Speech
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Symbolic Speech is expression by CONDUCT
– such as carrying a sign, a facial expression,
hand gesture, body language, wearing an arm
band, wearing “boobie” bracelets, flag burning,
etc..
VIDEO: 'I Heart Boobies' Bracelets Could Be Supreme Court Case
Picketing, the patrolling of a business site by
workers on strike, is a common form of
symbolic speech.
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Chapter 19, Section 3
Symbolic Speech
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Supreme Court rulings show that the blanket of “symbolic
speech” covers only so much. It does not cover
destroying draft cards (United States v. O’Brien, 1968) as it
is an order from government ….video … symbolic speech
VIDEO: United States v. O'Brien
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……- but it does cover flag burning (Texas v. Johnson,
1989, and United States v. Eichman, 1990).
Baseball player Rick Monday Saves Flag
Baseball Player RICK MONDAY saves the American Flag from being burned
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Chapter 19, Section 3
Commercial Speech
Commercial Speech --- speech for business purposes,
usually advertising.
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Freedom of Speech does not protect advertising as
follows:
………false and misleading advertisement, advertising
illegal goods or services, and the promotion of tobacco
products on the radio or television.
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Chapter 19, Section 3
Wrapping Up & Summarizing:
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VIDEO: Freedom of Speech: Crash Course Government and Politics #25
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