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Intro to Constitutional Law
Freedom of Speech
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Intro
Founding Fathers knew that the Constitution might need to be changed
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Intro
Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment
process:
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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
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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
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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)
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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
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Intro
The rights guaranteed in the Constitution are not absolute
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Intro
The rights guaranteed in the Constitution are not absolute The court generally applies “tests” to the
situations
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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
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Intro
The Constitution protects citizens from the government
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Intro
The Constitution protects citizens from the government
The enforcement of rights can be time-consuming and expensive
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Freedom of Speech
1st amendment protects both those making communication and those receiving it
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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
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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…”
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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”
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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
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Obscenity
Anything that exceeds recognized standards of decency
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Obscenity
Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what
is obscene
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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.”
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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
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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
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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.)
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Defamation
False expression about a person that damages a person’s reputation
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Defamation
False expression about a person that damages a person’s reputation Not protected by the first amendment
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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)
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Commercial Speech
Speech that generally appears in advertisements
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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
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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