Mr



Mr. Goto

Senior Government

Topic: CIVIL LIBERTIES

Unit Lesson #7 – Freedom of Speech and Press Cont. (Th. 4/29/04)

State Standard:

2SS-D6 Develop and defend issues involving civil rights and civil liberties.

Objectives and Expectations for Learning:

The students will understand the three aspects of the "Miller Test" and the "Lemon Test" as well as their significance to the First Amendment.

The students will understand the First Amendment concepts such as Prior Restraint, Confidentiality and Shield Laws, and protections of Commercial Speech and Symbolic Speech.

Anticipatory Set:

Review previous information with the class.

Direct Instruction:

Today we will look at more restrictions and rights given through the First Amendment right to Freedom of Speech and Press.

Should groups such as the Ku Klux Klan be allowed to speak in public?

Is there a social risk here?

Can the government deny them from coming?

The class will complete a worksheet over the Freedoms of Speech and Press.

Guided Practice:

Students will have time to refer to one another as well as ask the teacher for clarification.

Closure:

Review some of the terms with the class.

Summative Assessment: Notes may be collected at the end of class for points.

I. Review

II. Freedom of Speech

Prior Restraint

Confidentiality – Shield Laws

Branzburg vs. Hayes, 1972

Motion Pictures

Mutual Film Corporation vs. Ohio, 1915

Burstyn vs. Wilson, 1952

Radio and Television

Commercial Speech

Bigelow vs. Virginia, 1975

Cyber Promotions Inc. vs. AOL, 1996

Symbolic Speech

Tinker vs. Des Moines, 1969

United States vs. O'Brien,

Objective

*Understand the three aspects of the "Miller Test" and the "Lemon Test" as well as their significance to the First Amendment.

*Understand First Amendment concepts such as Prior Restraint, Confidentiality and Shield Laws, and protections of Commercial Speech and Symbolic Speech.

COLLECT CURRENT EVENTS, LAST CURRENT EVENT IS DUE TH

I. Review – When do courts use the following tests?

When do we use the following tests?

Where did they get their names?

Lemon Test

-When givings aid to a religious institution

-Lemon vs. Kurtzman, 1971 – Penn. Law aided religion

-Is it for a secular, non-religious purpose?

-Does it not advance or hinder religion?

-Does the government avoid excessive entanglement?

Miller Test

-When determining whether an item is obscene or not

-Miller vs. California, 1973 – soliciting of adult material not protected

-Does the average person, with contemporary community standards find it to be prurient (sexual) interest?

-Does it display offensive sexual conduct as determine by the state law?

-Does it have a Serious Literary, Artistic, Political, or Scientific purpose?

II. Freedom of Speech

What is the KKK - Ku Klux Klan?

-A secret society of white Southerners to resist Black emancipation

-Emancipation- setting free from the power of another (slavery)

Imagine that the government knows that the Ku Klux Klan is in town and they are going to have a rally in a public place at ASU. Probably on Hayden Lawn above the library. (Concerts above the library.) Knowing that this may cause a problem with some ethnic groups on campus, should the school or the government request that they not discuss any controversial issues or any other beliefs that may offend other people?

Should the government have the right to sensor someone's speech if they know it may be found offensive by someone else?

PETA demonstration

People for the Ethical Treatment of Animals

Displayed pictures from the Holocaust and depicted it

Prior Restraint

-The government cannot deny anyone the right to speech

Should this apply to press as well?

-Freedom of press is also protected and prohibits Prior Restraint

-Exceptions: during war time, if material is obscene or it is going to inspire violence

Confidentiality – Shield Laws

Should reports have to testify in court giving away information about their sources?

If reporters had to testify, would people be hesitant to give them information?

If you knew that giving a reporter information could lead to you testifying in court, would you give out information?

Branzburg vs. Hayes, 1972

-1972, Supreme Court said that reporters must testify if asked to just like any other citizen

-However, exceptions may be made by Congress or the State

-Congress never acted, many States created Shield Laws

-Shield Law- gives reports protection against having to disclose their sources or reveal other confidential information in legal proceedings.

-Arizona does have Shield Laws

-a reporter "shall not be compelled to testify or disclose ... the source of information procured or obtained by him for publication ..."

Should the government have the right to sensor what we hear or see?

Do we need the protection of the Federal Communications Commission?

Motion Pictures

Mutual Film Corporation vs. Ohio, 1915

-Supreme Court upheld an Ohio state law banning any movie that was not moral, educational, harmless, or amusing

Burstyn vs. Wilson, 1952

-Supreme Court reversed its decision stating that motion pictures are a form of expression protected by the 1st and 14th Amendment

Radio and Television

Does the FCC have justifiable grounds to ban such shows such as Howard Stern's?

-Federal Communications Commission may not censor anything before it has been said

-Exceptions: vulgarity, obscenity,

Commercial Speech

What is commercial speech?

Should everyone be protected in the right to advertise their business or trade?

Bigelow vs. Virginia, 1975

-Court voided a State law prohibiting abortion advertisements

(Roe vs. Wade, 1973)

-Most commercial speech is protected

-Government can still regulate and punish those with false and misleading advertisements or the advertising of illegal goods or services

Should commercial speech be protected over the Internet or email?

Do companies like America Online, CompuServe, or other Internet service providers have the right to restrict commercial speech?

Cyber Promotions Inc. vs. AOL, 1996

-AOL took unsolicited undeliverable emails and sent them all back to the Cyber Promotions attempting to overload and shut down its server

CompuServe Inc. vs. Cyber Promotions Inc., 1998

-Yes according to the courts they do not constitute a public forum

-ISP's have the right to restrict commercial and obscene emails

Symbolic Speech

What is Symbolic Speech?

If you wanted to protest the War in Iraq through Symbolic Speech, what could you do?

Tinker vs. Des Moines, 1969

"Barbie is a lesbian" Case

United States vs. O'Brien,

-Protesting the war, many men burned their draft cards

-O'Brien and three did so in front of a Boston Courthouse and were immediately take into custody by the FBI

-Court ruled that first amendment rights were not violated, and Congress has the necessary power to use draft cards in creating an army

III. Freedom of Expression vs. National Security

Should people have the right to oppose the government of the United States?

Does it matter if we are at war or during peacetime?

How much of our freedom can be taken away to ensure National Security?

USA Patriot Act, 2001

Espionage- spying for a foreign power.

Sabotage- act of destruction intended to hinder a nation's war effort.

Treason- declaring war against the U.S. or supporting those who have, enemies.

Sedition- spoken, written, or other actions promoting resistance to lawful authority; especially advocating the violent overthrow of a government.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download