Monday, October 21, 2013

Room 167: First Amendment-Notes

Room 167: First Amendment-Notes: First Amendment: Rights contained in the First Amendment Values served by protecting the First Amendment Absolutist, Balancing and Categori...

http://www.splc.org/jideas/multimedia_resources.php

-Freedom of Speech is not absolute
-Issues arise when freedom of speech conflicts with other values

Approaches to First Amendment Analysis:
Absolutist
Categorical
Balancing

Values Served by Protecting Free Speech:
Discovery of the Truth
Facilitating participation by citizens in political decision-making
Assuring self-fulfillment
Checking abuse of government power
Promoting Tolerance

Cases:
Schenck v. United States 1919
Chaplinski v. New Hampshire 1942
West Virginia Board of Education v. Barnette 1943
New York Times v. Sullivan 1964
United States v. O'Brien 1965
Tinker v. Des Moines 1969
Cohen v. California 1971
Miller v. California 1973
Texas v. Johnson 1989

Not protected by the First Amendment

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