1st Amendment Freedoms

Belief, Speech and Action (Whats the difference?) Bresler, Magleby and Light, et al.

1798what happened?

John Adams was president. Another clue? Newspaper editors could be prosecuted.

Sedition Act

It became a crime to publish false, scandalous and malicious statements about govt officials.

Some U.S. Supreme Court Cases

Schenck v. U.S. (1919) Gitlow v. New York (1925) Dennis v. U.S. (1951) Yates v. U.S. (1957) Brandenburg v. Ohio (1969)

Schenck v. U.S. (1919)

Schenck, a Socialist Party official, violated the Espionage Act by printing and distributing information with the goal of protesting and obstructing the draft. -The U.S. Supreme Court upheld his conviction.

Gitlow v. New York (1925)

Gitlow, a Communist Party official in the U.S., published a manifesto advocating mass action to overthrow and destroy organized govt. He was convicted in NY, and the U.S. Supreme Court upheld (approved) his conviction. Yet, the SCt said states lack complete freedom to limit expression.

More Gitlow (thats right!)

Dont forget selective incorporation via the 14th amendments due process clause.

Dennis v. U.S. (1951)

A leader of the American Communist Party was prosecuted under the Smith Act (meant to protect us from communists and nazis). The SCt held that Dennis conspiracy to organize the party and advocate the overthrow of U.S. govt was a clear and present danger.

Yates v. U.S. (1957)

Yates and other communists were charged with conspiracy to advocate overthrow of government. But the SCt reversed the convictions. Why? The SCt distinguished between advocacy of subversive action and advocacy of doctrine. The danger was too remote from concrete acts.

Brandenburg v. Ohio (1969)

Leader of Ohio KKK was convicted under Ohio law for making threats. The U.S. SCt. reversed the conviction. Why? The Court said the danger was not real. But, if such advocacy was intended to incite imminent illegal acts and is likely to do so, then such advocacy can be stopped.

Freedom of Assembly

Text example: the Million Youth March in New York (M.L. p. 421)

Public Forums, etc.

M./L. p. 421 & 422 (TPM) public parks, public school buildings, or government offices, the Court has been more or less willing to permit speech activities subject to time, place, and manner restrictions. Also, any restriction be applied evenhandedly.

Expressive Conduct

U.S. v. OBrien (1968) Tinker v. Des Moines School District (1969) Texas v. Johnson (1989)

Freedom of the Press

Scandal sheets, libel, etc.

Near v. Minnesota (1931)

A very important victory for press freedom

NYTimes v. Sullivan (1964)

More protection for the news media

NYTimes v. Sullivan and Since

Public officials, public figures and ordinary people Actual malice?

Hazelwood v. Kuhlmeier (1988)

A high school paper and press freedom?

The Pentagon Papers

National security or not?

Sunshine Laws

FOIA (signed by LBJ in 1966) (The exemption for national security) Texas Open Meetings Act

Reporters and their notes?

Should reporters be forced by a court to divulge their sources? Isnt there freedom of press? But what about the right of defendants to call witnesses for their defense? Who should win? Reporters or defendants?

Courts seek a balance

1st Amendment rights v. 6th Amendment rights

U.S. Society and the News Media

Is freedom of the press as secure today as it was in the past?