Today’s Agenda
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KYCE Presentation &
Quiz [GRAHAM]
First Amendment Webquest
Research Questions
YOU MUST BE ABLE TO ANSWER THE FOLLOWING QUESTIONS:
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What prompted the case (background)?
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Decision of the case?
 For
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or against the plaintiff ___votes to ___
What effect did this ruling have on the
interpretation of the first amendment?
First Amendment Webquest
Poster Example
Novak v. Miami (2013)
Ryan Novak was arrested for disturbing the peace
when he burned a Lebron James jersey and verbally
taunted several Miami Heat fans during the 2011 NBA
Finals. Several Miami fans attacked Novak, who
easily handled them, but it caused a massive riot.
In a unanimous decision, the court ruled in favor of
Novak because…
This case illustrates what is now known as the “Punk
Doctrine” where citizens have every right to call
Lebron James any name they like because he is a
punk.
First Amendment Cases of Note
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Schenck v. United States (1919)
Chaplinsky v. New Hampshire (1942)
Terminiello v. Chicago (1949)
New York Times v. United States (1971)
United States v. Eichman (1990)
Cantwell v. State of Connecticut (1940)
Hazelwood School District v. Kuhlmeier (1988)
Tinker v. Des Moines Ind. Comm. School Dist. (1969)
Roth v. United States (1957)
Stanley v. Georgia (1969)
Miller v. California (1973) *
Jenkins v. Georgia (1974)
Obscenity
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One of the most perplexing of all speech-related
problems has been the issue of obscenity and what to do
about it.
A wide variety of tests have been employed by individual
justices to determine what is constitutionally
proscribable obscenity, and for long periods of time, no
single approach commanded the support of a majority of
the Court.
The difficulty of defining obscenity was memorably
summarized by Justice Stewart in a concurring opinion
when he said: "I know it when I see it."
The "Miller Test" for Obscenity
1.
2.
3.
4.
5.
The work in question must depict or describe sexual
conduct.
The prohibited conduct must be specifically described in
the law.
The work, taken as a whole, must lack serious literary,
artistic, political, or scientific value. (the "SLAPS" test)
The work, taken as a whole and applying contemporary
community standards, must appeal to prurient interest in
sex.
The work must portray sexual conduct in a patently
offensive way, applying contemporary community
standards.
Critical Engagement Questions
Are all forms of speech protected?
 How is our society shaped by the First
Amendment?
 Do First Amendment "rules" change
depending on the situation?
 Have court interpretations of the First
Amendment changed over time?
 How will new technologies affect the First
Amendment?
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The First Amendment
Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble,
and to petition the Government for a
redress of grievances.