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Civil Liberties: The First Amendment and Privacy

Civil Liberties: The First Amendment and Privacy. Admin. Film on Friday – “The Interrogation of Michael Crowe” Alternative showing next week? Worksheet is a guide, not an assignment No office hours tomorrow Homework due Monday (as scheduled). Freedom of Speech and Press.

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Civil Liberties: The First Amendment and Privacy

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  1. Civil Liberties:The First Amendment and Privacy

  2. Admin • Film on Friday – “The Interrogation of Michael Crowe” • Alternative showing next week? • Worksheet is a guide, not an assignment • No office hours tomorrow • Homework due Monday (as scheduled)

  3. Freedom of Speech and Press • Bad Tendency (- 1919) • Clear and Present Danger Doctrine • Fighting Words (1942 – 1951) • Balancing Doctrine (1951 – 1960s) • In each case [courts] must ask whether the gravity of the "evil," discounted by its improbability, justifies such invasion of free speech as necessary to avoid the danger • FUNDAMENTAL FREEDOMS DOCTRINE • Why??

  4. Freedom of Speech and Press:What Is Protected? • Political speech • Artistic expression • “Speech plus” • Symbolic speech/expression

  5. Doctrine of Prior Restraint • Government cannot prevent press from publishing material • Applies even if publication can ultimately be punished • Why?

  6. What Is NOT Protected? • Libel and Slander • Allow damages for false statements that harm someone’s reputation • Public figures must show “actual malice” • Obscenity – defined by community standards • Appeals to prurient interest • Patently offensive • No literary, artistic, political or scientific value

  7. Less Protected Speech • Speech by students, especially pre-college • Commercial speech (advertising)

  8. Privacy • Hints in the 30s, 40s, and 50s • Griswold v. Connecticut (1965) • “Zone of privacy” in 3rd, 4th, and 5th Amendments • 9th Amendment • Abortion and Roe v. Wade (1973) • Sodomy Laws and Lawrence v. Texas (2003) • Right to Die?

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