Freedom of the Press
Freedom of Assembly,
Association, and Petition
Unit 6: Civil Liberties and Civil Rights, Lesson 2
• How has the Supreme Court expanded protections given
freedom of the press, freedom of association, and petition?
• How has the Supreme Court narrowed protection given these
liberties?
Freedom of the Press
Criticism of Government Officials
•
Near v. Minnesota (1931)
– May a state close a newspaper that calls local officials names? No.
Newspapers’ calling local officials names is a form of protected speech which
states may not infringe.
– Prohibited prior restraint: government may not prevent speech or publication
of material they deem harmful before the fact. __________protections given
freedom of the press.
– Incorporated freedom of the press to the states.
•
New York Times v. Sullivan (1964)
– Decision: Statements about public figures are libelous only if made with
reckless disregard for truth or knowledge that it was false. Allowed news
coverage of civil rights movement.
– Protected written statements critical of public officials.
•
New York Times Co. v. U.S. (1971)
– May the government prevent publication of the leaked Pentagon Papers in
the name of protecting national security?
– Court reaffirmed its position on prior restraint, refusing to allow the executive
branch to stop the publication of the leaked Pentagon papers in the name of
protecting national security.
Freedom of the Press
Censorship of obscenity? Student newspapers?
• Roth v. U.S. (1957)
– May the government prohibit literary erotica and nude photos?
– Obscenity is not a form of speech protected by the 1st Amendment and
may be restricted.
• Miller v. California (1973)
– Affirmed decision that obscenity was not protected by the First
Amendment
– Established the Miller test, which set standards for measuring and
prohibiting obscenity:
1.
Major theme appeals to indecent sexual desires applying contemporary community
standards
2.
Shows in clearly offensive way sexual behavior outlawed by state law
3.
Lacks “serious literary, artistic, political, or scientific value”
• Hazelwood School District v. Kuhlmeier (1988)
– School district may censor student newspapers as long as censorship is
related to legitimate concerns.
Freedom of Assembly, Association, & Petition
Freedom of Assembly, Association, & Petition
•
Association - The right to meet with people who share a common interest,
including an intense interest in political change.
•
Assembly - The right to make a statement through marching, picketing, and
protesting as a group.
•
Petition - The right to ask government officials to address an issue through
petitions, letters, picketing, demonstrations, marches, etc.
•
The courts have protected these rights while allowing the government to
regulate their Time, Place, and Manner to protect the rights and safety
of others:
– May require groups wanting to rally or march to obtain a permit.
– Restrictions on assembly must apply to all groups equally.
– Certain public facilities (schools, airports, jails) not generally open to the public may be
restricted from demonstrations.
– The right to assemble does not allow groups to use private property for its own uses
(e.g. creates buffer zones around abortion clinics).
– Police may disperse demonstrations in order to keep the peace or protect the public’s
safety (if demonstrations become violent).
Freedom of Assembly, Association, & Petition
Freedom of Assembly, Association, & Petition
• DeJonge v. Oregon (1937)
– May a state limit DeJonge’s efforts to organize a
Communist Party and advocate revolution at meetings?
– Organizing and speaking at meetings of a group
advocating revolution is a form of assembly protected by
the 1st Amendment, and states may not abridge that right.
– Used the 14th Amendment’s due process clause to
incorporate freedom of assembly to the states.
• Hague v. CIO (1937)
– May a city ban labor meetings in public places and stop
the distribution of pro-labor literature?
– City bans on political meetings violate the First
Amendment right to freedom of assembly.
– Incorporated the 1st Amendment’s freedom of assembly to
cities.
Freedom of Assembly, Association, & Petition
Freedom of Assembly, Association, and
Petition
• NAACP v. Alabama, 1958
– May Alabama require NAACP, a civil rights
organization, to turn over its membership list?
– State efforts to require groups to disclose their
membership lists violate individuals’ right to freedom
of association. _____________ protections given
freedom of association.
– Incorporated the 1st Amendment’s freedom of
association to the states.
Global Peace Movement Says
No to War
• February 15, 2003 –
More than 10 million
people in more than
800 cities across the
world march for
peace.
• They call upon the
United Nations to
not authorize the
Bush Administration
to go to war against
Iraq.