I. Birth of a Movement: Single-Issue Politics and Grass-roots Activism
a. The National Right to Life Committee (NRLC) is the largest and oldest pro-life
a.i. It is composed of 3000 groups from around the country.
a.ii. Representatives from e
10/20 OBSCENITY (Hicklin test (england) Roth test (1957) Miller test (1973
Miller v. cali)
- Problem with obscenity laws: What is obscenity? (defining what it actually is)
- Def. of obscenity changes over time as society changes.
- Obscenity, like libel,
10/15 Libel notes:
There are certain types of speech that are not covered under freedom of speech (libel and
- If someone defames your character and spread disinformation about you, you can go
to court and potentially sue under libel (
10/8 Class Notes
- The most important principle with respect to freedom of the press PRIOR
- It developed in freedom of the press
- Near v. Minnesota (1931):
- Key precedent case in establishing principle of prior restraint.
- Can government re
RIGHT TO PRIVACY
Important factors with regards to dates:
- "Privacy" and right to privacy advocated for in 1928, with justice Louis Brandeis
dissenting in Olmstead v. United States (wire tapping case), defending the necessity
of the right to privacy (he
1960s: abortion illegal in every state.
1970s: Some states legalize abortion through legislations or public
referendums Some states maintain strict anti-abortion laws (only if
mother's life is threatened)
What is the status of a fetus?
- Pro-life: I
Not included in Constitution at all, but now we consider it one of our more
1928: Olmstead v. United States: Olmstead was suspected of violating some federal
laws, so to get information, federal agents tapped his phone withou
- The cases we've discussed so far have had a lot of diversity in terms of content and
have involved both conventional and unconventional forms of speech. Individuals
have chosen to express themselves with both conventional forms of speech,
Organization of the Book
a. Ginsburg is interested in situating the abortion debate among other
womens moral reform movements in the past two centuries.
b. Abortion became illegal virtually all over the U.S. by 1900 despite being
socially accepted thro
The Right-to-Life Movement and American Culture
a. This book focuses more on the pro-life side since that side has been more
active in political and cultural shifts during the 1980s.
b. While most researchers have focused on the leaders of the New Righ
I. Abortion Clinic
a. Fargo is a quiet prairie city with clear air and high church attendance.
b. In 1981, the Fargo Womens Health Organization was the first freestanding
abortion clinic built in the state.
b.i. Pro-life and pro-choice groups formed after
The Shift from Reform to Repeal: The Abortion Rights Movement
a. There was growing division between reform and repeal advocates in the abortion
b. Repeal advocates formed groups, many based on radical feminists principles.
Some repeal-oriented g
The Emerging Crisis: Mobilization for Abortion Law Reform
a. The 1962 case of Sherri Finkbine was one of the first events that awakened public
concern to change restrictive abortion laws.
b. Finkbine had taken thalidomide while on vacation in Europe. L
The Twentieth Century: Quiet Before the Storm
a. Women did not strongly oppose laws against abortion until the 1960s.
a.i. This might have been the result of the high regard for motherhood and its
a.ii. The medical professions interpretation o
Strange Bedfellows: Feminists and Physicians in the Antiabortion Crusade
a. Birth control and abortion were linked to the first wave of feminism in 1850s.
a.i. This led to focusing the blame on women for acting unnaturally rather
I. The Nineteenth-Century Abortion Crusade
a. Abortion in America was common and accepted until the first statute against
abortion in 1821 by the Connecticut legislature.
a.i. Prior to this, America followed English common law in which the
Right-to-Life Violence: Revival or Last Resort?
a. The mainstream right-to-life movement favored legitimate political and
education means to violent ones.
a.i. Since direct political changes were failing, especially after 1983,
violence began to increa
THE RIGHT TO PRIVACY
- The constitution makes no explicit mention of the right to privacy, neither in its charter
nor in the Bill of Rights.
- Do Americans have a constitutional right to privacy? 1. If yes, where does it come
- For the