JOURN 4000 1st Edition Lecture 14 Outline of Last Lecture I School law Outline of Current Lecture I Exercising rights a Mike Brown case b Public forums c Abortion cases Current Lecture Exercising rights First Amendment right to free expression to association Under that is the right to protest Michael Brown Jury will decide if policeman should stand trial Grand jury is being recorded Usually secret Prosecutor might release audio Journalists covering Mike Brown case Resisting arrest if you have your civil rights violated 42 US C Section 1983 cause of action Resisting arrest is illegal no defense for it Government may restrict time place and manner of expression 1st Amendment means the government has no power to restrict because of message content etc content control Has to be non discriminatory These 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 Public forums Must rights if an area has been designated a public forum Right to require parade permits Can t be a discriminatory policy Civil Rights March on Washington under injunction not to do so You may not violate a court order bottom line contempt of court Have to appeal and get another court to overturn decision Ordinance Can violate an ordinance legislative act Abortion protests Pro Life Anderson name legally changed protests How to protect rights of people like Anderson and women 1988 Frisby vs Schultz Starts as a protest in Milwaukee Protestors target home of doctor providing abortions town decided to support doctor Ordinance said that all picketing that targets a home can be banned Protection of home and peace and privacy Also public safety Supreme Court ruled against the picketers SC said ordinance was content neutral Narrowly tailored Restriction doesn t go any further than is necessary Court asking if there are alternatives for getting out your message Ordinance only prohibits picketing that targets a specific residence Ordinance serves a significant government interest Sanctity of the home Captive audience Can t escape the message court normally says move but home is the ultimate escape from a message ultimate retreat Madeson Case abortion clinic 36 foot buffer zone around clinic entrance Signs are ok but there is zero tolerance for threats Buffer zones Wichita 2009 doctor shot and killed Nuremberg files provided home addresses of abortion providers in the US Many on the list have been killed 18 United States Code Section 248 no one can interfere with reproductive health services Threat of force what reasonable person considers a reasonable threat Court did not tell ACLA to take website down is allowed Michael Campbell first person tried under Title 18 Section 875 Government need only to prove that defendant intentionally transmitted communication in interstate commerce and circumstances were as such that a reasonable person would consider it a threat General intent crime don t have to have the intent to carry out just to transit the communication Boos vs Berry Ordinance prohibited display of negative signs concerning foreign governments within 500 feet of their embassy Strict scrutiny test narrowly tailored substantial government interest Russia and Nicaragua in this case SC dignity interest law is a violation of 1st Amendment content based restriction
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