1st Amendment

1
Chapter 19iii
Freedom of Speech and Press
1st Amendment
2
First Amendment rights can be sub-divided into
two major categories

• 1. Personal freedoms
• 2. Democratic freedoms

3
Personal Freedoms

• the ultimate in individual liberty the right to
  believe what you want to believe
• best example
• religious freedom

4
Democratic Freedoms

• freedoms which are necessary for the proper
  functioning of a democracy

5
Examples ofDemocratic Freedoms

• Freedom of Speech
• Freedom of the Press
• Right of Petition
• Right to Assemble
• Freedom of Association

6
Are there limits to the freedom of speech?
7
The Supreme Court has developed tests to decide
when a persons speech is or is not protected by
the First Amendment.
8
Clear and present danger

• freedom of speech is not absolute if it creates a
  dangerous situation (panic)

9
The freedom of speech does not allow one to

• -cry Fire! in a crowded theatre

-yell Hijack! on an airplane
10
Dangerous tendency

• certain types of speech are illegal if they have
  the potential to lead to substantive evil

• legislative bodies may pass laws that limit such
  speech

11
Principles governing the right to assembly

• governments may regulate public assemblies in
  order to keep the peace
• governments must consider all requests for
  assembly equally

12
Do the police have the right to step in and stop
a demonstration if it turns violent?
13
Libel

• the act of knowingly writing false and damaging
  statements about a person

14
Does the government have the right to
suppress news stories that are potentially embarra
ssing or might harm national security?
15
National Security
16
Obscenity

• obscene works are not protected under freedom of
  speech

17
Obscenity guidelines

• 1. The average person must find the work has a
  tendency to excite lustful thoughts.
• 2. The work depicts a sexual conduct in an
  offensive way.
• 3. The work must lack serious literary,
  artistic, political, or scientific value.

18
(No Transcript)