Jumpstart Assignment Describe the cartoon….

Jumpstart AssignmentJumpstart Assignment Describe the political cartoon….Describe the political cartoon….

Today’s PlanToday’s Plan1)1) Jumpstart AssignmentJumpstart Assignment2)2) Reading MinuteReading Minute3)3) Notes: Ch. 19, Sec. 3Notes: Ch. 19, Sec. 34)4) Case Study: 1Case Study: 1stst Amendment in Amendment in

SchoolSchool

Speech in SchoolsSpeech in Schools The Court has recognized that students do The Court has recognized that students do

not shed their constitutional rights when they not shed their constitutional rights when they enter school.enter school.

However, the Court has traditionally However, the Court has traditionally recognized that the educational mission of recognized that the educational mission of the school cannot be the school cannot be disrupteddisrupted by the by the exercise of free speech.exercise of free speech.Tinker v. Des MoinesTinker v. Des MoinesBethel School District v. FraserBethel School District v. FraserHazelwood v. KuhmeierHazelwood v. KuhmeierMorse v. FrederickMorse v. Frederick

Freedom of SpeechFreedom of Speech Is hate speech protected?Is hate speech protected? Hate SpeechHate Speech: : expression of hatred expression of hatred

or bias against a person, based on or bias against a person, based on characteristics such as race, religion, characteristics such as race, religion, sex, itc.sex, itc.

National Socialist Party v. SkokieNational Socialist Party v. Skokie (1977) (1977) Laws prohibiting hate speech are Laws prohibiting hate speech are

generally ruled unconstitutional generally ruled unconstitutional because of vague wordingbecause of vague wording

Freedom of Speech Symbolic Speech:Symbolic Speech: an action an action

meant to deliver a messagemeant to deliver a message Some, but not all forms of symbolic Some, but not all forms of symbolic

speech are protectedspeech are protected Burning your draft card?Burning your draft card?

U.S. v. O’Brien (1968)U.S. v. O’Brien (1968) Flag Burning? Flag Burning?

Texas v. Johnson (1989)Texas v. Johnson (1989)

Freedom of Speech

Freedom of Press/Speech

Obscenity:Obscenity: something sexually explicit something sexually explicit and highly offensiveand highly offensive

Can local governments block obscene Can local governments block obscene material from their town?material from their town? - - Miller vs. California Miller vs. California 1973 – obscenity is not 1973 – obscenity is not

protected by 1protected by 1stst Amendment Amendment

Freedom of Speech

Libel:Libel: written statement or visual written statement or visual representation meant to defame or representation meant to defame or harm another person’s characterharm another person’s character

Slander: Slander: verbal defamationverbal defamation Libel and slander are typically Libel and slander are typically

unprotected forms of “speech”unprotected forms of “speech”

Freedom of Speech and National Freedom of Speech and National SecuritySecurity

Can someone say or print something that Can someone say or print something that provokes others to rebel against the provokes others to rebel against the government?government?

Seditious Speech: Seditious Speech: advocating or urging advocating or urging individuals to overthrow the governmentindividuals to overthrow the government at times of war, the Supreme Court has at times of war, the Supreme Court has

been more likely to uphold limits to been more likely to uphold limits to freedom of speechfreedom of speechEx. Ex. Schneck v. United States (1919)Schneck v. United States (1919)

Jumpstart AssignmentJumpstart Assignment

To what extent would you say that To what extent would you say that your 4your 4thth Amendment rights(no Amendment rights(no illegal searches and seizures) are illegal searches and seizures) are protected in school? Explain your protected in school? Explain your answer.answer.

Morse vs. FrederickMorse vs. Frederick Does the First Amendment allow Does the First Amendment allow

public schools to prohibit students public schools to prohibit students from displaying messages, which from displaying messages, which the school could reasonably the school could reasonably interpret as promoting the use of interpret as promoting the use of illegal drugs, at school-supervised illegal drugs, at school-supervised events?events?

Freedom of AssemblyFreedom of Assembly Time/Place/Manner RestrictionsTime/Place/Manner Restrictions on on

public propertypublic propertyLocal parade permitsLocal parade permitsCan someone demonstrate during Can someone demonstrate during

school hours?school hours?Skokie v. National Socialist PartySkokie v. National Socialist Party

(1978)(1978) – the government cannot – the government cannot prohibit a peaceful assembly prohibit a peaceful assembly simply because of its unpopularitysimply because of its unpopularity

Freedom of Assembly Freedom of Assembly and Private Propertyand Private Property

Private property, including Private property, including businesses may prohibit most forms businesses may prohibit most forms of assembly including picketing.of assembly including picketing.

NAACP v. Alabama (1958)NAACP v. Alabama (1958)Right of Association is protected Right of Association is protected

in the 1st Amendmentin the 1st Amendment

44thth Amendment and Schools Amendment and Schools

““The right of people to be secure in The right of people to be secure in their persons, houses, papers, and their persons, houses, papers, and effects, against effects, against unreasonable searches unreasonable searches and seizuresand seizures, shall not be violated, , shall not be violated, and no Warrants shall issue, but upon and no Warrants shall issue, but upon probably causeprobably cause, supported by Oath or , supported by Oath or affirmation, and particularly describing affirmation, and particularly describing the place to be searched, and the the place to be searched, and the persons or things to be seized.”persons or things to be seized.”