Civil Liberties

· What a ^ ^ Morning!
· XC Q&A Scores
· Today: Civil Liberties & The Supreme Court (Oct.1)
· Next Tuesday (2 Oct.) Handouts: CAR, cases sheet

Amendment #1 – Speech
· Schenck v. US (1919)
· Gitlow v. NY (1925)
· Roth v. US (1957)
· Miller v. California (1973)
· NY v. Ferber (1982)
· Pope v. Illinois (1987)
· Renov v. A.C.L.U.

2 Types of Citizens:
1. Natural Born:
a. Jus Soli (with/by soil) …born on American Soil
b. Jus Sanguinis (by blood)
2. Naturalized (can’t run for presidency)
Civil Liberties (about Bill of Rights- Liberty, Gov- People Issues)
· Schenck vs. US (1919)
o (where protection stops in regard to free speech)
o “We establish the clear and present danger test to define the point at which free speech loses 1st Amendment protection.”
§ Ex. can’t yell “fire” in a public building.

· Gitlow vs. NY (1925)
o Freedoms of Speech and press are among the fundamental personal rghts protected by the 14th Amendment from abridgement by the states.”
§ (1st time constitution applies to states)
Free Speech~
· Advertsement Speech (Restricted)
· Election Speech (Most Unregulated)
· Obscenity/Pornography Speech (Subjective, what is?)

· Roth vs. US (1957)

o Obscenity is not protected free speech or press.”

· Miller vs. California (1973)
o “Local communities may be permitted to set their own restrictive standards n curbing hard core pornography.”
§ Ex. Cleaning up Orange Blossom Trail

· NY vs. Ferber (1982)
o “Child pornography is not protected free speech.”
§ Ex. Bucky

· Pope vs. Illinois (1987)
o “The social value of a work may be judged from a standpoint of a reasonable person, not only the entire community.”
§ Sherriff- reasonable person

· Reno vs. ACL
o “We declare the Communication Decency Act of 1996, to be unconstitutional.”
§ (9-0)
§ CDA- prohibits the deliberate transmission of obscene, indecent, or patently offensive materials to people under 18.