Transcript Economics: Principles in Action

Establishment Clause or Free Exercise
Clause?
1.
The words “in God we trust” on money.
2.
Public schools beginning each day with a prayer over the intercom.
3.
Banning Native Americans from smoking peyote (marijuana) as a religious
practice.
4.
Forbidding human sacrifice in satanic churches.
5.
Letting Congress begin their sessions with a prayer.
6.
Teaching creationism in biology classes.
7.
Banning same sex marriages because most churches in the U.S. are opposed
to them.
8.
Making Christian holidays national holidays.
9.
Banning polygamy in the Mormon church.
10. Banning prayers from graduation ceremonies in public schools.
Did Sleazy GDE cross the line?
Famous rap artist Sleazy GDE has recently
released a very controversial album
entitled Freedom. There are several
songs on the album that have caused
concern. In The Prez, sleazy hurls insults
and obscenities at Barack Obama and
encouraged Americans to write in
Ludacris in the 2012 presidential
election. Sleazy claims Ludacris “is one
f—ked up G that will rape your girl and
blast you in a heartbeat.” In Whore,
Sleazy degrades women, encourages
men to leave their families, and “f—k
the b---h up good ‘cuz she deserves it.”
In Rebel, the most controversial song on
the album, Sleazy encourages all
Americans to stop following all laws in
the coutry and “blast any patriotic, red,
white and blue mutha f—ker that stands
in your way.” The state of Illinois bans
the sale of the album. Sleazy files suit
claiming his freedom of speech rights
have been violated.
“Congress shall make no law…abridging the freedom
of speech, or of the press…”
Freedom of Speech and
Freedom of Press
guarantees are meant to:

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Protect each person’s right of
free expression, whether
spoken, written, or
communicated in any other
way.
Protect a citizen’s right to be
informed.
But these rights are not
absolute.
Libel and Slander are illegal

Slander - the false and
malicious use spoken words.
N.Y. Times v. Sullivan – Actual malice must be proved
before you can sue for punitive damages.

Libel - the false and
malicious use of written
words.
Seditious Speech is not protected
Sedition - attempting to
overthrow the government by
force, or to disrupt its lawful
activities by violent acts.
Seditious speech - speech that
urges such conduct.
Wartime Sedition - Taking any
action that is a hindrance to
the war effort.
Peacetime Sedition –
Encouraging others to break
the law or overthrow the
government.
Schenk v. U.S. (1919) “Clear
and present danger.”
Which definition applies to our current situation?
Which of these is obscene?
The Obscenity Test
Miller v. California - 1973
Something is obscene if:
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The average person finds that it
appeals to “prurient (sexual)
interests” judging from local
standards.
It depicts offensive sexual
conduct that is specifically
outlawed as obscene.
It lacks serious scientific, social,
cultural or artistic value.
Symbolic Speech is sometimes limited
Symbolic speech is expression by
conduct.
Examples: picketing, marching in
a protest, sit-ins.
The Supreme Court has not protected all
forms of symbolic speech.
United States v. O’Brien (1968) burning
a draft card is not protected.
Texas v. Johnson (1989) burning the
American flag is protected.
Censoring the Press is not allowed (usually)
Prior Restraint –
Government action
that stops a story
before it is published.
Near v. Minnesota (1931)
Protected the publication of a
“malicious, scandalous, and
defamatory” periodical.
 New York Times v. U.S. (1971)
Protected the publication of the
Pentagon Papers because the
government could not prove they
endangered national security.
However
 Hazelwood School District v.
Kuhlmeier (1988) School
administrators can censor student
newspapers.

Other media cases
The Relationship between the Freedom of Speech and Press
Amendments and the Media:
 Confidentiality: Branzburg v. Hayes (1972) Reporters can be
forced to testify in a trial (divulge names of sources). Exemptions
can be granted by Congress or state legislatures.
 Motion Pictures: Burstyn v. Wilson (1952) Films are forms of
expression protected by the 1st Amendment. The industries
ratings standards allow viewer discretion.
 Both Radio and Television Media: Red Lion Broadcasting v.
FCC (1969) Broadcast media has very limited 1st Amendment
protections because they are broadcast on “public airwaves.”
Commercial Speech
Commercial Speech is speech for
business purposes, usually
advertising.
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Advertising is protected by the
1st, but not without exceptions.
Exceptions include: barring false
and misleading advertisement,
advertising illegal goods or
services, and the promotion of
tobacco products on the radio or
television.
Master K.K.K.
On his newly released album Aryan
Nation, white supremacist rap artist
Master KKK includes a track entitled
The only good one is a dead one.
The lyrics of this song implicitly
encourage physical violence against
African Americans. In another track,
Why didn’t Hitler invade Africa,
Master KKK advocates the genocide
of the African race. Concerned
citizens and state officials in Illinois
decide the album is too violent,
extremely offensive and ban the
sale of it within state boundaries.
Master KKK sues claiming his 1st
amendment rights have been
violated. I you are the judge in the
case, how will you side?