1st amendment

What is the 1st 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”

Bill of Rights

2. bear arms

3. no housing military

4. no unreasonable search and seizure

5. no self incrimination/Miranda rights/double jeopardy

6. fair and speedy trial

7. trial by jury

8. no cruel and unusual punishment

9. protects rights not listed

10. power not given to the federal govt belongs to the states and the people

marketplace of ideas

-theory created by John Stuart Mill

-different beliefs can freely compete in open and public discourse

-people (not the govt) choose the ideas they think are right, that idea is then accepted

Alexander Meiklejohn

-created the theory of political self governance

Political self governance

-the ability of a individual, state, or a country to govern itself free from oversight by higher governments

cultural democracy

-the right to participate in culture

What are the levels of the state court system

1. county court (lowest)

2. circuit court

3. district court of appeal

4. state Supreme Court (highest)

What are the levels of the federal court system

1. U.S. district courts (lowest)

2. U.S. court of appeals

3. U.S. Supreme Court (highest)

What cases can be argued in federal court?

-cases that deal with federal statutes

-cases that deal with the U.S. Constitution

(disputes between citizens of different states, laws and treaties of the U.S., bankruptcy, etc)

O’Brien test

-4 part test that determines when government regulation of symbolic speech is justified

1- if it is within the constitutional power of the government

2- if it furthers an important or substantial governmental interest

3- if the governmental interest is unrelated to the suppression of free expression

4- if the incidental restriction on alleged 1st Amendment freedoms is no greater than is essential to the furtherance of that interest

content neutral laws

-regulates speech without regard to the substance (regulates time, place, and manner)

-ex: protestors standing on public sidewalk vs rally blocking traffic

-constitutional

content based laws

-discriminates against speech based on the substance of what it communicates

-ex: city laws that bans speech critical of a particular religious group

-unconstitutional

scrutiny

-test to determine if a law is constitutional or not

3 levels of scrutiny

-rational basis

-intermediate

-strict

rationale basis

-lowest level

-the party challenging the law (not the govt) must prove there is no logical relationship between the law and a legitimate government purpose

intermediate scrutiny

-requires the government to prove that the law has an important govt purpose and that purpose is substantially related to the law

strict scrutiny

-highest level (most difficult)

-requires the government to prove a compelling state interest for the law and that the law is narrowly tailored to achieve its result

Substantial disruption test (Tinker test)

-test that determines when public schools can discipline students for their expression/speech

-school officials must prove that the student speech will cause a substantial disruption

Brandenburg 2 pronged test

-2 part test to determine when the govt can restrict speech advocating the use of force

1- if the speech is directed at inciting or producing imminent lawless action

2- if the speech is likely to incite or produce such action

Exceptions to free speech

-fighting words

-true threats

-incitement of imminent violence

-hate speech

Lemon test

-3 part test to determine if a govt action violates the establishment clause

1- the action must have a secular purpose

2- the primary effects of the law cannot advance religion

3- the action cannot excessively entangle govt and religion (separation of church and state)

Establishment Clause of the 1st Amendment

-prevents the federal govt from establishing a religion

Miller test

-3 part test to determine if something is obscene and if so no protected under the 1st

1- would a average adult find the material prurient (degrading, shameful)

2- would a average adult find the material patently offensive

3- would a average adult find the material to have value (artistic, political, or scientific)

Malice test

-test to determine when public officials can win damages for libel

-public officials must prove actual malice (knowledge the statements were false) or reckless disregard of whether it was false or not

civility

-formal politeness or courtesy

Title VI

-federal law that bans discrimination based on race, color, national origin in programs that receive federal financial assistance

What is your opinion on the role of civility in the marketplace of ideas

-civility is needed for marketplace of ideas to function

-everyone should be respectful, polite, and willing to listen to the ideas/opinions of others

-if there is no civilized conversations, there is no way for society to choose what ideas are to be accepted because everyone will be too angry

What is your opinion on the intersection of Title VI and free speech on college campuses

-I do not think discrimination of any kind should be considered protected speech on college campuses

-Adults should be able to get their point across without offending a group of people, being discriminatory, inciting violence, or threats