Liberties Civil I
POS 2042
OUTLINE
I.
II.
A.
B.
A.
FreedomofReligion
Establishment
FreeExercise
FreedomofSpeechandPress
Fiveunprotectedformsofspeech
The First Amendment
Congress shall make no law
respecting an establishment of
religion, or prohibiting the free
exercise thereof; or abridging the
freedom of speech, or of the
press; or the right of the people
peaceably to assemble, and to
petition the Government for a
redress of grievances.
Freedom of Religion
A. Establishment
1. Engelv.Vitale (1962)
2. Lynchv.Donnelly (1984)
3. Edwardsv.Aguilard (1987)
B. FreeExercise
1. Sherbertv.Verner (1963)
2. ChurchoftheBabaluAyev.Hialeah
(1993)
Freedom of Speech
Congress shall make NO law
abridging freedom of speech
Except that the Supreme Court
has, over the years, determined
that there are FIVE types of
speech that are not protected by
the first amendment:
Unprotected Speech
1.
2.
3.
4.
5.
Clear and Present Danger
Imminent Lawless Action
Fighting words
Obscenity
Libel and Slander
The constitution cannot protect you from
prosecution or a lawsuit for the above
five types of speech.
Clear and Present Schenckv.U.S. Danger
(1919)
Speech which threatens national
security is not protected by the
Constitution.
Imminent Lawless Action
Gitlowv.NewYork (1925)
Brandenbergv.Ohio (1969)
Inciting riots is illegal
But the incitement must be direct.
Yelling fire in a movie theater
(when there isnt one) and causing a
stampede is not protected speech
under the first amendment.
Fighting Words
Chaplinskyv.NewHampshire
(1942)
Saying things that would cause a
reasonable person to resort to
violence is not protected by the
first amendment.
Verbally picking fights with
people is not protected by the
Libel and Slander
NewYorkTimesv.Sullivan (1964)
Speech is libelous when it is all
three of the following:
1. False
2. Said with actual malice
3. Said with a reckless disregard for
the truth
Obscenity
Millerv.California (1973)
Speech is obscene (and not
protected by the Constitution) when
it is all of the following:
1. Patently offensive
2. Appeals to the prurient interest
3. Is totally devoid of artistic,
scientific, and political value.
The definition of these things is
left up to community standards