SECTION 4 The truth is out there Freedom

Freedom of expression is guaranteed in the B of RThe govt. may limit that

Schenck v. USA 1919 • socialist, arrested for encouraging young men to avoid the

1 st attempt to curb opposition to govt. in 1798. Made criticisms of

• The “Clear and Present” Danger Rule! – words can be outlawed, people

Sedition in Peacetime! • 1940 The Smith Act- allows arrest for sedition during peacetime.

Freedom of Assembly & Petition • Limits on the right of assembly and petition!

Time-Place-Manner Regulations • Reasonable rules covering time, place, and manner of assembly are all

Limits on Demonstrations! • Can peaceful demonstrators be arrested for their own protection? •

Protests on Private Property • Can petitioners set up tables at a shopping center

1977 - Members of Am. Nazi Party applied for a permit to march

Official informed Nazi group they had to obtain $350, 000 insurance policy hoping

Decision: Court said the insurance violated 1 st Amendment, Nazi’s had a right

Freedom of Association s r e b m Me Only! • Right to associate

Slides: 15

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SECTION 4 The truth is out there!

Freedom of expression is guaranteed in the B of RThe govt. may limit that freedom to protect itself against threats to its own security.

Schenck v. USA 1919 • socialist, arrested for encouraging young men to avoid the draft during World War I. Is his arrest and limits on free speech legal? • Yes!

1 st attempt to curb opposition to govt. in 1798. Made criticisms of govt. a crime. Unconstitutional Intended for opponents of John Adams.

• The “Clear and Present” Danger Rule! – words can be outlawed, people punished when those words trigger an immediate danger that criminal acts will follow.

Sedition in Peacetime! • 1940 The Smith Act- allows arrest for sedition during peacetime. Prohibits teaching, advocating, or conspiring to violently overthrow the US government. •

Freedom of Assembly & Petition • Limits on the right of assembly and petition! • You have the right to peacefully assemble, organize, to publicize your views by written petition, letters, ads, lobbying, parades, marches, & demonstrations. Free to Choose ! Support Life!

Time-Place-Manner Regulations • Reasonable rules covering time, place, and manner of assembly are all legal! • Are parades & demonstrations near schools & court houses legal? • No!!!

Limits on Demonstrations! • Can peaceful demonstrators be arrested for their own protection? • No • Can buffers and limits be placed on where demonstrators can protest? • Yes

Protests on Private Property • Can petitioners set up tables at a shopping center to get signatures on their petitions? • Yes May store owners ask protesters and petitioners to leave? Yes!!!

1977 - Members of Am. Nazi Party applied for a permit to march in Skokie Illinois wearing swastika. (40, 000 Jews lived in this town)

Official informed Nazi group they had to obtain $350, 000 insurance policy hoping to discourage the march. Nazis protested. County court forbade march

Decision: Court said the insurance violated 1 st Amendment, Nazi’s had a right to distribute material (expression of all ideas even if cruel or unpopular)

Freedom of Association s r e b m Me Only! • Right to associate with others to promote political, economic & social issues