POLS 206 1st Edition Lecture 8 Outline of Last Lecture I Civil Liberties Outline of Current Lecture II Freedom of Speech Expression Minors III Freedom of Speech Expression obscenity and limits on obscenity IV Freedom of the Press V Rights of the Accused Current Lecture l Freedom of Speech Expression Do minors have this a Tinker v Des Moines 1969 essentially the court decided minors do not their first Amendment Right past school doors but can have them outside of it children can protest politically b Hazelwood v Kuhlmeier 1988 can children use Freedom of the Press Not with a school newspaper It is censored because inlocoprentes for the students are not adults and so the school has authority over minors the school becomes like parents over students c Morse v Frederick 2007 Do minors have Freedom of Political Expression Yes BUT to an extent You can make a valid speech as long as not harmful to them or others Then the speech becomes not valid an unprotected speech especially in this case where students were making a drug speech but using religion as a cause Drugs are illegal to minors thus proved not valid ll Freedom of Speech Expression obscenity and limits on freedom of speech a Miller v California 1973 Obscenity of a work of art in a public setting i The average person wanting contemporary standards sees the overall work to be prurient interest arousing appealing to sexual desire ii The work shows or is depicted in a way that is blatantly offensive way forms of sexual conduct specifically illegal by anti obscenity laws the community passed laws saying the work of art cannot be shown iii The work overall does not have serious literary artistic political or scientific value the SLAP test or else the work is protected b Limitations on Freedom of Speech i In commercial speech advertising must correctly tell people and the interest of the government must be taken into account and looked over ii Fighting Words are illegal if the words are supposed to anger the listener so much so they lead to violence such calling a listener baby killer So not all words are protected iii Libel published report of something untrue that hurts someone s reputation or character Slander the public proclamation meant to charge someone with contempt ridicule or hatred However it must be untrue seek to hurt and result in actual harm If the speech does not fit all of those criteria then it is legal lll Freedom of the Press a Near v Minnesota 1931 Minnesota tried to pass Minnesota Gag Law of 1925 which allowed for censorship of scandalous and defamatory material It was proved illegal because it is illegal to censor something just because someone does not like it can not curb and idea before it is expressed However there was prior restraint only allowed in special cases of during wartime obscene material and national security b New York Times v United States 1971 United States tried to say it was illegal to publish classified Pentagon Papers The court look at the exceptions to the nocensorship rule and found publishing the Pentagon Papers violated none and so could NOT be censored lV Rights of the Accused a 4th Amendment Rights against illegal Search and Seizure Essentially the authorities must have a legitimate reason for searching though there are exceptions of when search warrants are not required b Search Warrants i The Exclusionary Rule Mapp v Ohio 1961 the authorities were searching for illegal gambling equipment when they found illegal porn but could not charge for the porn because the warrant was not for that The Good Faith Exception which allows room for some mistakes no one s perfect ii Warrantless Searches The Carroll Doctrine essentially means the authorities do not need a warrant if there is probable cause the items they find can be used against you c 5th Amendment Right against self incrimination Miranda v Arizona 1966 Miranda Rights are read when the person is arrested and formally charged d 6th Amendment The right to counsel Gideon v Wainwright 1963 attorneys are accessible in felony cases
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