GO101.Student Speech

GO101.Student Speech - TheFirstAmendment Freedom of Speech...

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The First Amendment Freedom of Speech
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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 All the guarantees of the First Amendment have been held to be binding on the states
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What does no law abridging the Freedom of Speech ” mean?
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What does “no law” mean? Justice Black- no means no Justice Holmes ‘the most stringent protection of free speech would not protect a man in falsely shouting “fire’ in a theatre and causing a panic.”
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When does a restriction cause an abridgment of speech? Intent of Framers? English practices: No prior restraint but did have “constructive treason,” and “seditious libel” laws Theoretical Approaches to the Protection of Speech Marketplace of Ideas Civic Republicanism/Civic Virtue Liberty--Self-Fulfillment and Autonomy Safety-valve Tolerance Economics and Public Choice The Point is---we do not agree
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Freedom of Speech How are the demands of the First Amendment to be reconciled with competing values
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Categorizing Speech Low Level Speech: Chaplinsky v. New Hampshire What kinds of “low value” speech can be prevented and punished? Lewd, obscene, profane, libelous, insulting or fighting words-- those which by their very utterance inflict injury or tend to incite an immediate breach of the peace It has been well observed that such utterances are not essential part of any exposition of ideas, and are of such slight social values as a step to truth that any benefit that may be derived from them is clearly out-weighed by the social interest in order and morality.”
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Speech receiving partial protection Commercial Libelous Offensive, indecent Hate speech, female pornography
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How Do We Decide? Balancing Interests Legitimate interests of government in protecting citizens from harm First Amendment protections
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Balancing Tests Strict Scrutiny Presumption that the government regulation is invalid Government must justify regulation Regulation is narrowly tailored Regulation is a necessary means to achieve a compelling government interest There is no least restrictive means to achieve that legitimate compelling interest
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Balancing Tests Minimum Scrutiny Rational-basis Standard Presumption is cast in favor of the government regulation Challenger must show that the law is unreasonable
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Overbreadth and Vagueness restrictions on speech cannot be so overbroad that they also regulate protected speech Void for vagueness doctrine
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Is the restriction valid? Does the government restraint apply to a narrow, non-
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GO101.Student Speech - TheFirstAmendment Freedom of Speech...

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