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Notes on video lecture:
Freedom of Speech
Choose from these words to fill the blanks below:
suspended, grammar, broadly, assistance, restrain, prisons, army, market, democracy, government, average, school, information, curbing, emotion, protestors, disruption, principle, popular, circumstances, protecting, nude, contributions, scope, Tinker, press, religion, equal, amendment, institutional, yes, citizen, armband, 14th
First Amendment
protects:
freedom of speech
freedom of the           
right to peaceably assemble
right to seek the                      of the government without fear of punishment
freedom to exercise a                 
freedom from government establishments of religion
Mary Beth Tinker
1965 wore a black                to school
expressed her opposition to the Vietnam War
school officials didn't approve and                    her
told her she could come back if she agreed not to wear the black armband
they wanted to control her expression
freedom of speech
free speech is essential to                   
the people in a democracy are supposed to govern
for this you need good information
free speech is how good                        comes about
doesn't mean that all opinions are           
doesn't mean that more opinions are better
the main idea of the freedom of speech clause is that we don't trust the                      to decide what speech should be heard
free speech is not there for
people we like
people who have                views
free speech is there for the              place of ideas
we trust that the market place of ideas will sort the good ideas from the bad ideas
the amendment says
"Congress shall make no law abridging the freedom of speech"
does this mean that the President can tell the FBI to shut up                     ?
Supreme Court has said it applies to the whole of the federal government
and because of the          Amendment
free speech can be invoked against states
this is why Mary Beth              could raise the freedom of speech clause against school officials who are state officials
complicated topic
what counts as speech?
political                           ?
burning a flag or a draft card?
         dancing?
music?
abstract art?
      , the Supreme Court says, to all these things
speech ends up being defined very               
anything that could in any way convey and idea or                can count as speech
so Mary Beth Tinker's armband counts
it's one thing to say tha the government can't                  speech when it is small, when it can't do much
the man on the street speaking against the government
the police shouldn't be able to shut him up
this is an easy first-                   case
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
does it matter if he is in the         ?
does it matter if he's in high school?
does it matter if he's in                school?
does it matter what the subject is?
does it matter when it's said or why it's said?
we ask these questions because this is what is asked in a court that is concerned with                      free speech
we have to decide what the principles are in these very different                           
whatever we decide in this case, it's going to be the same for all similar cases
as the government gets bigger, we get more government/               interaction
what if the government is your employer?
what if the government is your school                   ?
people can't generally act on your like police officers can
but there are high school principals who have more power of your than the                citizen
you might argue that teachers grade tests based on what students say, and so                speech is a part of the characteristics of school
the Supreme Court ruled
if school officials have a reasonable fear of                     , they can punish students for speech
this is pretty much the same for people who work for the government, for                and the military
if speech will interfere with the                            mission, it can be punished
Mary Beth Tinker won because there was no fear of disruption
other tough questions
when is speech by students considered              speech
what if it's on the Internet
one of the things that makes decisions on what the Constitution protects is changes in the role and            of government

Spelling Corrections:

disiplinarydisciplinary

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."
Why We Needed a Constitution
Creating the Constitution
Structural, Backward-Looking, and Forward-Looking Provisions
Article I: The Legislative Branch
Article II: The Executive Branch
Article III: The Judicial Branch
The Bill of Rights
The Progressive Amendments: 16, 17, 18, and 19
Freedom of Speech
The Supreme Court and the Free Exercise of Religion Clause
The Establishment Clause
The Fourth Amendment: Protection from Unreasonable Search and Seizure
The Fifth Amendment and the Miranda Warning
The Sixth Amendment