Intro to Constitutional Law Freedom of Speech. Intro Founding Fathers knew that the Constitution...
Transcript of Intro to Constitutional Law Freedom of Speech. Intro Founding Fathers knew that the Constitution...
Intro to Constitutional Law
Freedom of Speech
Intro
Founding Fathers knew that the Constitution might need to be changed
Intro
Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment
process:
Intro
Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment
process: Congress passes, and ¾ of state legislature ratify
Intro
Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment
process: Congress passes, and ¾ of state legislature ratify Congress passes, ¾ of state conventions ratify
Intro
Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment
process: Congress passes, and ¾ of state legislature ratify Congress passes, ¾ of state conventions ratify Proposed by nat’l convention that was called to order
by Congress, after 2/3 of the state legislatures had asked Congress to do so (ratified by the State legislatures)
Intro
Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment
process: Congress passes, and ¾ of state legislature ratify Congress passes, ¾ of state conventions ratify Proposed by nat’l convention that was called to order
by Congress, after 2/3 of the state legislatures had asked Congress to do so (ratified by the State legislatures)
Same as above, but ratified by ¾ of the conventions
Intro
The rights guaranteed in the Constitution are not absolute
Intro
The rights guaranteed in the Constitution are not absolute The court generally applies “tests” to the
situations
Intro
The rights guaranteed in the Constitution are not absolute The court generally applies “tests” to the
situations These tests are necessary b/c the Constitution is
vague
Intro
The Constitution protects citizens from the government
Intro
The Constitution protects citizens from the government
The enforcement of rights can be time-consuming and expensive
Freedom of Speech
1st amendment protects both those making communication and those receiving it
Freedom of Speech
1st amendment protects both those making communication and those receiving it Essentially, the right of free speech is
fundamental to the process of self-government
Freedom of Speech
1st amendment protects both those making communication and those receiving it Essentially, the right of free speech is
fundamental to the process of self-government While it appears absolute, “Congress shall
make no law…”
Freedom of Speech
1st amendment protects both those making communication and those receiving it Essentially, the right of free speech is
fundamental to the process of self-government While it appears absolute, “Congress shall
make no law…” This is where the tests enter in: “yelling fire in a
crowded theater”
Freedom of Speech
1st amendment protects both those making communication and those receiving it The most difficult part of ensuring free speech
is protecting those ideas which are unpopular
Obscenity
Anything that exceeds recognized standards of decency
Obscenity
Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what
is obscene
Obscenity
Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what
is obscene Justice Potter Stewart once said “I can’t define
pornography, but I know it when I see it.”
Obscenity
Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what
is obscene Justice Potter Stewart once said “I can’t define
pornography, but I know it when I see it.” Basic guidelines:
Would the average person be offended
Obscenity
Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what
is obscene Justice Potter Stewart once said “I can’t define
pornography, but I know it when I see it.” Basic guidelines:
Would the average person be offended Does the work portray something illegal
Obscenity
Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what
is obscene Justice Potter Stewart once said “I can’t define
pornography, but I know it when I see it.” Basic guidelines:
Would the average person be offended Does the work portray something illegal Does the work have value (artistic, political, etc.)
Defamation
False expression about a person that damages a person’s reputation
Defamation
False expression about a person that damages a person’s reputation Not protected by the first amendment
Defamation
False expression about a person that damages a person’s reputation Not protected by the first amendment This is known as libel (written) and slander
(spoken)
Commercial Speech
Speech that generally appears in advertisements
Commercial Speech
Speech that generally appears in advertisements In general, there is a ban on speech that is false
or misleading, or is advertising an illegal product
Commercial Speech
Speech that generally appears in advertisements In general, there is a ban on speech that is false
or misleading, or is advertising an illegal product
Ex. The ban on cigarette advertising on TV/Radio