Lecture notes for 3/10/99

Continuation of Freedom of Speech
     -see p. 537
     -obscenity is one issue commonly debated in courts
     -Cowen vs. California (1971)
          -Cowen wore a jacket wtih words opposing the Vietnam War in addition to
               offensive language
          -Freedom of Expression protected Cowen's right to wear the jacket
     -Miller vs. California (1973)
          -Miller Standards formed to "define obscenity"
               -Two standards
                    -Local community standards determine what is obscene
                    -Something expressed that lacks serious liberary, political,
                         artistic, educational, or scientific value is considered
                         obscene
     -Political Correctness:  a way to seek to suppress opinions and expressions
               considered racist, sexist, etc. (therefore, expression that display
               insensitivity to certain groups)
     -John Doe vs. University of Michigan (1989)
          -The University of Michigan adopted speech codes to prevent racial or
               sexual discrimination or harassment
          -Issue of case:  does the speech codes violate the 1st amendment of the
               Bill of Rights?
               -Answer:  yes
          -The court says the university did not have the right to prohibit certain
               speech just because it is considered offensive

Freedom of the Press
     -The founders believe the press is absolutely necessary in order to criticize
          government and to keep the government from gaining too much power
     -No Prior Restraint Doctrine
          -government cannot prevent people from publishing material that is
               offensive to a group, the government, etc.
          -The case of Near vs. Minnesota (1931) formed this doctrine
     -Libel and slander
          -Two elements
               -damaging falsehood
               -Malice and reckless disregard for the truth
     -The People vs. Larry Flynt (1996)
          -In this movie, the matters of the case is nothing more than a matter of taste

Freedom of Assembly
     -The right of the people to peacefully assemble
     -Examples of rights
          -Right of association:  having the right to associate with any person,
               group, or organization
          -Right to protest
          -Right to parade
          -Right to picket
     -Time, place, and manner restriction:  the government has the ability to
          halt and prosecute the assembly if the assembly does not have a permit