Where do we get our individual rights from? The Constitution

Transcription

1 Freedom of Speech

2 Where do we get our individual rights from? The Constitution

3 Where do we get our individual rights from? The Constitution The Bill of Rights: These first ten amendments contain most of our basic rights. (Turn to page 18 of your pocket constitution to see these amendments)

4 What are these rights? Right to freedom of speech and religion Right to privacy Right to a jury trial Right to travel freely Right to be free from self-incrimination Right to bear arms Right to freedom of the press Right to legal counsel Right to be free from cruel and unusual punishment

5 Other important Amendments: 13th: Forbids slavery 14th: Equal protection 15th: Forbids denying the right to vote based on race 19th: Gives women right to vote

6 Three basic ideas to keep in mind: 1. The rights guaranteed in the Constitution are not, and cannot be, absolute.

7 Three basic ideas to keep in mind: 1. The rights guaranteed in the Constitution are not, and cannot be, absolute. 2. The Constitution protects citizens from certain actions by the government not private individuals.

8 Three basic ideas to keep in mind: 1. The rights guaranteed in the Constitution are not, and cannot be, absolute. 2. The Constitution protects citizens from certain actions by the government not private individuals. 3. Governments can grant citizens greater rights than those found in the constitution.

9 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.

10 First Amendment: Freedom of Speech 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.

11 Does the law violate freedom of speech? (1) Is speech in the case? (2) What kind of speech does the law regulate? (3) Which test applies to this kind of regulation?

12 Is speech in the case? Is there a message trying to be communicated? Conduct as speech: (1) Does the actor intend to communicate a message? (2) Is it likely that the audience will understand a message is trying to be communicated?

13 Is this speech?

14 Is this speech?

15 Is this speech?

16 Is this speech?

17 Is this speech?

18 What kind of speech does the law regulate? Remember: Not all speech is protected. How do we determine whether a law that regulates speech is constitutional? We have to look at the law.

19 What kind of speech does the law regulate? (1) Reasonableness Review: These laws regulate speech that is not protected by the Constitution. The law will be constitutional as long as the state has a legitimate end for the law.

20 What kind of speech does the law regulate? (1) Reasonableness Review: These laws regulate speech that is not protected by the Constitution. The law will be constitutional as long as the state has a legitimate end for the law. (2) Intermediate Scrutiny: These laws will be constitutional as long as the state has a legitimate end and the law is tailored to that end.

21 What kind of speech does the law regulate? (1) Reasonableness Review: These laws regulate speech that is not protected by the Constitution. The law will be constitutional as long as the state has a legitimate end for the law. (2) Intermediate Scrutiny: These laws will be constitutional as long as the state has a legitimate end and the law is tailored to that end. (3) Compelling State Interest Test: These laws regulate speech based on its content, which is presumptively unconstitutional.

22 What kinds of laws fall within reasonableness review? Laws that regulate: Consumer information Advertising of illegal activities Obscenity Fighting words False advertising Fraudulent speech Regulation of the speech of public employees speaking about private, job-related concerns Violent expressive conduct Claims that the Constitution requires the state to fund speech

23 What kinds of laws fall within intermediate scrutiny? Laws that regulate: Commercial Speech Content neutral time, place, and manner regulation that leaves open ample alternative channels of communication

24 What kinds of laws fall within strict scrutiny? Laws that regulate: Content (or viewpoint) Does it regulate the content of the speech?

25 What does this law regulate? A city ordinance that makes it illegal to place a symbol, object, or graffiti on public or private property which one knows arouses anger in others on the basis of race, color, creed, religion or gender.

26 What does this law regulate? A city ordinance that makes it illegal to place a symbol, object, or graffiti on public or private property which one knows arouses anger in others on the basis of race, color, creed, religion or gender.

27 What does this law regulate? A federal law that requires cell phone dealers to warn customers about radiation: Under the law, they must (1) display ads warning of radiation; (2) place stickers on display ads warning customers about radiation; (3) provide a fact sheet to all consumers that includes ways to avoid radiation; and (4) provide stickers on cell phones indicating they are dangerous.