JOURN 4000 1nd Edition Exam 2 Study Guide Lectures 1 7 Lecture 14Exercising 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 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 Lecture 15Strict scrutiny Public forum Content based restriction 2 part test 1 Significant government interest 2 Narrow tailoring Also ample alternatives Solicitations protected speech Hare Krishnas at airport terminals Supreme Court said they did not have a right to seek donations Impede flow of airport terminal not public forums Solicitations in post offices ban on solicitation City buses no discrimination no political ads etc Change the Climate Can t demean other religions Advertising on school buses Voting 25 feet in Missouri no soliciting campaign free zone Parks Chicago legalization of marijuana permits to use city parks specific resaons to deny permits Brown vs Louisiana 1966 Segregated libraries Arrested for breech of peace SC overturned conviction Public library is public forum so long as protest wasn t inconsistent with primary purpose as a library 1987 Shantytown on the Quad Is it a public forum Students arrested for trespassing Defendants won Quad is a public forum Protesting is a right but there are ground rules O Brien Case protesting the draft on courthouse steps public forum Burned draft cards form of symbolic speech federal crime to do so If government regulation impacts expression it has to pass the O Brien test 1 Regulation is within Constitutional power of government 2 Further an important gov interest 3 Gov interest has to be unrelated to suppression of expression 4 Incidental restriction is narrowly tailored Flag burning 1989 Texas vs Johnson Denouncing Reagan Convicted of desecration of venerated object Flag burning was expressive conduct Flunked 3rd part of O Brien test Cannot suppress just because society finds it disagreeable Flag Protection Act of 1989 Amending the Constitution is the only way flag burning could be protected Nude dancing as a form of symbolic expression Can it be prohibited yes Glenn Theatre case 1991 can prohibit nude dancing Related to public nudity City of Erie vs Kandyland Applies O Brien test to justify ban of nude dancing mooning as symbolic speech Mercedes case only indecent exposure if genitals are exposed Content based speech content neutral is city state free to do any restriction no Lecture 16 Content neutral ordinance doesn t trigger strict scrutiny but is it OK Ledoux case Gillio not in favor of the Gulf War puts sign in yard opposing war someone stole sign complained to police police said it was illegal to have that kind of sign Prelim injunction 1983 injunction Then placed sign 8 x 11 For Peace In The Gulf City ordinance said no signs tells SC it is content neutral SC some rights of expression are so important that it doesn t make a difference if ordinance is content neutral right to express yourself on own property 1st Amendment doesn t allow content neutral restrictions that constrict the opportunities for free expression No replacement for this communication 1995 Capital Square KKK wants to erect cross as apart of Christmas celebration told no Board may regulate expression only if restriction is necessary and narrowly drawn to serve state interest St Patrick s Day in Boston Veteran s Parade gay pride group wants to join Veterans say no Public Street No SC said get your own parade you have a right to choose who what is in your parade University of VA mandatory student fee University would publish student publications from these fees Religious group wanted their publication to be