POLS 101 1st Edition Lecture 6Outline of Last Lecture I. 3 Limitations on Government Power II.The Bill of Rights III. 14th Amendment to The United States ConstitutionOutline of Current Lecture I. Civil LibertiesII. Unprotected and Partially Protected SpeechIII. What is protected speech?Current LectureI. Civil LibertiesA. To protect rights of citizens so government does not infringe on freedom, which is stated in the bill of rightsB. 1st Amendment freedom is not absolute, not all expression is protected.1. Beliefs- more protected right than actions and speech2. Speech- more protected right than actionsII. Unprotected and Partially Protected SpeechA. Libel- written word that is malicious and false (about a public figure) is an unprotected speech that includes slanderB. Obscenity- Not protected speech1. Miller Vs. California (1973)- attempt by supreme court to define obscenity.C. Criteria Tests for Being “Obscene”- all three must be true1. Average person applying community standards evaluates work as a whole, and appeals to prurient interests.a. Prurient- Obsessively interested in sex2. Depicts sexual conduct in a patently offensive way3. Work taken as a whole lacks serious literary, artistic, political, or scientific valueD. Fighting Words1. Words that can enrage and provoke violence are unprotected speechThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.2. 1942- “Damned Facist, and G*d Damn racketeer” Statement was upheld in court as fighting words3. “F*ck the Draft”- Statement during Vietnam War (1971) deemed not fighting words by Supreme Court4. The Supreme Court does not prohibit hate speech.III. What is protected Speech?A. Refusing to salute the flag because it is against religion is protected speech.1. 1940- Man was made to salute flag despite being against his religion, court rules that you need to salute flag to uphold political duty.2. 1943- Court ruled person does not need to salute flag deemed by court as acceptable freedom to expression. No one can be compelled to do things that declare allegiance.B. Doctrine of Supreme Court used that restrain government from limiting free expression1. Prior Restraints- Government may use prior restraint to conceal sensitive
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