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Notes on video lecture:
Freedom of Speech
Notes taken by Edward Tanguay on February 6, 2015 (go to class or lectures)
Choose from these words to fill the blanks below:
religion, contributions, popular, disruption, equal, press, broadly, armband, school, citizen, institutional, scope, suspended, government, curbing, amendment, circumstances, average, restrain, assistance, Tinker, nude, grammar, protecting, army, 14th, principle, protestors, prisons, information, market, emotion, yes, democracy
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First Amendment
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protects:
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freedom of speech
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freedom of the
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right to peaceably assemble
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right to seek the of the government without fear of punishment
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freedom to exercise a
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freedom from government establishments of religion
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Mary Beth Tinker
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1965 wore a black to school
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expressed her opposition to the Vietnam War
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school officials didn't approve and her
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told her she could come back if she agreed not to wear the black armband
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they wanted to control her expression
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freedom of speech
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free speech is essential to
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the people in a democracy are supposed to govern
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for this you need good information
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free speech is how good comes about
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doesn't mean that all opinions are
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doesn't mean that more opinions are better
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the main idea of the freedom of speech clause is that we don't trust the to decide what speech should be heard
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free speech is not there for
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people we like
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people who have views
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free speech is there for the place of ideas
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we trust that the market place of ideas will sort the good ideas from the bad ideas
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the amendment says
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"Congress shall make no law abridging the freedom of speech"
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does this mean that the President can tell the FBI to shut up ?
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Supreme Court has said it applies to the whole of the federal government
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and because of the Amendment
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free speech can be invoked against states
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this is why Mary Beth could raise the freedom of speech clause against school officials who are state officials
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complicated topic
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what counts as speech?
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political ?
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burning a flag or a draft card?
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dancing?
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music?
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abstract art?
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, the Supreme Court says, to all these things
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speech ends up being defined very
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anything that could in any way convey and idea or can count as speech
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so Mary Beth Tinker's armband counts
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it's one thing to say tha the government can't speech when it is small, when it can't do much
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the man on the street speaking against the government
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the police shouldn't be able to shut him up
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this is an easy first- case
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the worst thing you can do by the way of abridgement is to try to stop someone from talking because you don't like what he's saying
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does it matter if he is in the ?
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does it matter if he's in high school?
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does it matter if he's in school?
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does it matter what the subject is?
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does it matter when it's said or why it's said?
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we ask these questions because this is what is asked in a court that is concerned with free speech
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we have to decide what the principles are in these very different
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whatever we decide in this case, it's going to be the same for all similar cases
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as the government gets bigger, we get more government/ interaction
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what if the government is your employer?
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what if the government is your school ?
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people can't generally act on your like police officers can
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but there are high school principals who have more power of your than the citizen
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you might argue that teachers grade tests based on what students say, and so speech is a part of the characteristics of school
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the Supreme Court ruled
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if school officials have a reasonable fear of , they can punish students for speech
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this is pretty much the same for people who work for the government, for and the military
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if speech will interfere with the mission, it can be punished
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Mary Beth Tinker won because there was no fear of disruption
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other tough questions
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when is speech by students considered speech
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what if it's on the Internet
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one of the things that makes decisions on what the Constitution protects is changes in the role and of government
Spelling Corrections:
disiplinary ⇒ disciplinary
Ideas and Concepts:
From the know-your-rights department, via tonight's Key Constitutional Concepts and Supreme Court Cases course: "In the 1969 Supreme Court case Tinker v. Des Moines Independent Community School District, in which 13-year-old Mary Beth Tinker and others wore black armbands to school protesting the Vietnam War and supporting the Christmas Truce called for by Senator Robert F. Kennedy, and were subsequently suspended from school, the Court ruled, "it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate" and "school officials must be able to show that their disciplinary action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint"."
On the purpose of the protection of freedom of speech via tonight's Key Constitutional Concepts and Supreme Court Cases course: "Freedom of speech is not there for people who have popular views, it's there for people who have unpopular views, it's there to protect the market place of ideas, because we trust that the market place of ideas will sort the good ideas from the bad ideas."
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