Intro to Constitutional Law

Freedom of Speech

Intro

Founding Fathers knew that the Constitution might need to be changed

Intro

Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment

process:

Intro

Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment

process: Congress passes, and ¾ of state legislature ratify

Intro

Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment

process: Congress passes, and ¾ of state legislature ratify Congress passes, ¾ of state conventions ratify

Intro

Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment

process: Congress passes, and ¾ of state legislature ratify Congress passes, ¾ of state conventions ratify Proposed by nat’l convention that was called to order

by Congress, after 2/3 of the state legislatures had asked Congress to do so (ratified by the State legislatures)

Intro

Founding Fathers knew that the Constitution might need to be changed They allowed this through the amendment

process: Congress passes, and ¾ of state legislature ratify Congress passes, ¾ of state conventions ratify Proposed by nat’l convention that was called to order

by Congress, after 2/3 of the state legislatures had asked Congress to do so (ratified by the State legislatures)

Same as above, but ratified by ¾ of the conventions

Intro

The rights guaranteed in the Constitution are not absolute

Intro

The rights guaranteed in the Constitution are not absolute The court generally applies “tests” to the

situations

Intro

The rights guaranteed in the Constitution are not absolute The court generally applies “tests” to the

situations These tests are necessary b/c the Constitution is

vague

Intro

The Constitution protects citizens from the government

Intro

The Constitution protects citizens from the government

The enforcement of rights can be time-consuming and expensive

Freedom of Speech

1st amendment protects both those making communication and those receiving it

Freedom of Speech

1st amendment protects both those making communication and those receiving it Essentially, the right of free speech is

fundamental to the process of self-government

Freedom of Speech

1st amendment protects both those making communication and those receiving it Essentially, the right of free speech is

fundamental to the process of self-government While it appears absolute, “Congress shall

make no law…”

Freedom of Speech

1st amendment protects both those making communication and those receiving it Essentially, the right of free speech is

fundamental to the process of self-government While it appears absolute, “Congress shall

make no law…” This is where the tests enter in: “yelling fire in a

crowded theater”

Freedom of Speech

1st amendment protects both those making communication and those receiving it The most difficult part of ensuring free speech

is protecting those ideas which are unpopular

Obscenity

Anything that exceeds recognized standards of decency

Obscenity

Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what

is obscene

Obscenity

Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what

is obscene Justice Potter Stewart once said “I can’t define

pornography, but I know it when I see it.”

Obscenity

Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what

is obscene Justice Potter Stewart once said “I can’t define

pornography, but I know it when I see it.” Basic guidelines:

Would the average person be offended

Obscenity

Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what

is obscene Justice Potter Stewart once said “I can’t define

pornography, but I know it when I see it.” Basic guidelines:

Would the average person be offended Does the work portray something illegal

Obscenity

Anything that exceeds recognized standards of decency It is difficult to set a standard definition of what

is obscene Justice Potter Stewart once said “I can’t define

pornography, but I know it when I see it.” Basic guidelines:

Would the average person be offended Does the work portray something illegal Does the work have value (artistic, political, etc.)

Defamation

False expression about a person that damages a person’s reputation

Defamation

False expression about a person that damages a person’s reputation Not protected by the first amendment

Defamation

False expression about a person that damages a person’s reputation Not protected by the first amendment This is known as libel (written) and slander

(spoken)

Commercial Speech

Speech that generally appears in advertisements

Commercial Speech

Speech that generally appears in advertisements In general, there is a ban on speech that is false

or misleading, or is advertising an illegal product

Commercial Speech

Speech that generally appears in advertisements In general, there is a ban on speech that is false

or misleading, or is advertising an illegal product

Ex. The ban on cigarette advertising on TV/Radio