freespeech
TRANSCRIPT
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What are RIGHTS ?
Where do RIGHTS come from?
Who protects our RIGHTS in the United States?
Questions to Consider:
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Questions to Consider:
How far do your RIGHTS extend ?
What's the significance of Barron v. Baltimore (1833)? of Gitlow v. New York (1925)
What does INCORPORATION mean in the context of the Bill of Rights?
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The Bill of Rights
The First Amendment
CONGRESS shall make NO LAW respecting the 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.
What do these 45 words mean? How do they influence our daily lives?
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The First Amendment
FIRST PRINCIPLES
1.) The FIRST AMENDMENT affirms the FREEDOM OF THE INDIVIDUAL.
2.) FREE EXPRESSION is the foundation‐‐‐the cornerstone‐‐‐of DEMOCRACY.
3.) The FIRST AMENDMENT tells the GOVERNMENT to keep its "HANDS OFF" our RELIGION, our IDEAS, our ability to EXPRESS oursevles.
4.) Other PEOPLE have RIGHTS too.
5.) When RIGHTS collide, GOVERNMENT must BALANCE them.
6.) The FIRST AMENDMENT helps us make CHOICES.
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Warm‐Up: Freedom of Speech
The Setting: May 3, 2003A caravan of cars drives to Crawford, Texas from Austin with people who want to protest during President Bush's visit to his ranch.
Before they arrived at the ranch, they encountered a road block established by local police. The police threatened to arrest them for violating a local ordinance against protesters. The local ordinace required the following:
Five protesters were arrested after they argued with police and taken to the county jail where they were charged with violating Crawford's ordinance.
• 15 days notice• persmission from sheriff• $25 feelimited location‐‐‐only on the football field
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Who has an interest in the outcome of the case?
Group #1: Protesters
Group #2: Local Police
Group #3: President Bush
Group #4: The People of Crawford
Is the arrest of the protesters allowed under the First Amendment?
Take 5 minutes to discuss this question from the point of view of your group.
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Group #1: Protesters
Group #2: Local Police
Group #3: President Bush
Group #4: Residents of Crawford
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The Rest of the Story:
September 2003: The protesters file a suit in federal court seeking to declare the local ordinance an unconstitutional violation of their constitutional rights.
February 2004: Protesters's criminal case goes to local court for trial. They argue that the ordinance is a violation of the First Amendment. The jury convicts the protesters of breaking the ordinance. The judge orders the to pay fines.
Spring 2004: A county judge dismisses the charges, ruling that the oridance violates the First Amendment. The protesters file a civil rights suit seeking compensation for the night they spent in jail.
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What issues/questions are raised by this case?
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What is SPEECH and why is it PROTECTED in the FIRST AMENDMENT ?
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First Amendment
What PRECEDENTS did the Court establish in these cases?
Schenck v. United States (1919)
Brandenburg v. Ohio (1969)
Tinker v. DeMoines (1969)
Texas v. Johnson (1989)
Virginia v. Black (2003)
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The First Amendment
THE FREEDOM OF SPEECH
Based on these PRECEDENTS, how do you think the Court ruled in your case study?
Case Study #1
Case Study #2
Case Study #3
Case Study #4
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The First Amendment
THE FREEDOM OF SPEECH
Wrap Up Discussion
Do you agree with how the Court has balanced individual's rights and society's rights?