Andrew Athias Namarah McCall

Moriah Schervone Olivia Buickerood

Freedom of Speech
Tinker v. Des Moines Ind. Comm. School District (1969) Miller v. California (1973) ethel School District !o. "#3 v. $raser (19%6) Matthe& $raser tho'(ht it &as a (reat) f'nn* idea. 't once he 'sed a (ra+hic se,'al meta+hor in his s+eech to nominate his friend for an elective office in front of 6## hi(h school st'dents) he reali-ed his school fo'nd it offensive. efore (ivin( the s+eech) he let several teachers read it) and t&o advised a(ainst it. .fter the s+eech) the .ssistant /rinci+al informed him that he violated a school r'le. $raser admitted deli0eratel* 'sin( se,'al inn'endos and &as then s's+ended from school for t&o da*s. The 1'estion de0ated &as &hether or not the $irst .mendment avoids a school district from +'nishin( a hi(h school st'dent for +resentin( 2le&d3 s+eech. The ethel School District claimed that $raser violated their 2disr'+tive cond'ct r'le)3 &hich +rohi0its o0scene lan('a(e and (est'res. $raser) on the other hand) claims his $irst .mendment ri(hts &ere violated) es+eciall* since he claims the r'le itself &as 'nconstit'tionall* va('e and 2over0road.3 The ma4orit* of the S'+reme Co'rt sided &ith the ethel School District) statin( that altho'(h the $irst .mendment does not +rohi0it offensive s+eech for ad'lts) it does not +rotect children in +'0lic school. The Co'rt also held that the school5s r'le is not over0road) es+eciall* (iven the &ide ran(e of scenarios a school faces. 6a-el&ood School District v. 7'hlmeier (19%%) .s accordin( to +ractice) the teacher advisor of 6a-el&ood 8ast 6i(h School5s ne&s+a+er (ave the +rinci+al the +roofs of the ne&s+a+er for a++roval. The +rinci+al &as &orried a0o't the res+onses stories on +re(nanc* and divorce &o'ld receive. Decidin( it &as too late to chan(e the stories) the +rinci+al said the +a(es) &hich incl'ded the stories) sho'ld not 0e +'0lished at all. So staff mem0ers s'ed. The 1'estion de0ated on &as &hether or not the +rinci+al5s decision to (et rid of the +a(es violated the st'dents5 $irst .mendment ri(hts. 7'hlmeier and her fello& mem0ers ar('ed that the school5s ne&s+a+er is a for'm for +eo+le to e,+ress their vie&s. The school district ar('ed that 0eca'se the ne&s+a+er and 4o'rnalism are a +art of the c'rric'l'm) the +rinci+al does has the ri(ht to re('late &hat (ets +'0lished. The S'+reme Co'rt decided in a 9 to 3 vote that the +rinci+al5s decision did not violate the st'dents5 $irst .mendment ri(hts. It a(reed &ith the

6a-el&ood School District) claimin( that the administration can re('late the school ne&s+a+er) as the +rinci+al has an interest in the st'dents5 ed'cation. The Co'rt also stated that a school ne&s+a+er is not a +'0lic for'm. :nited States v. ;5 rien (196%) David ;5 rien &as convicted after he 0'rned his draft card at a oston co'rtho'se. ;5 rien said that he &as e,+ressin( his disa++roval of the &ar. :nder federal la&) ho&ever) the m'tilation and<or destr'ction of draft cards are a crime. ;5 rien ar('ed that the la& &as 'nconstit'tional 0eca'se it &as enacted to infrin(e '+on free s+eech and it served no other +'r+ose. The S'+reme Co'rt re4ected ;5 rien5s ar('ment. Sa*in( that 2. (overnmental re('lation is s'fficientl* 4'stified if it is &ithin the constit'tional +o&er of the =overnment and f'rthers >+36%? an im+ortant or s'0stantial (overnmental interest 'nrelated to the s'++ression of free e,+ression) and if the incidental restriction on alle(ed $irst .mendment freedom is no (reater than is essential to that interest. The 1969 .mendment meets all these re1'irements.3 The Co'rt then created a test determinin( &hen (overnmental re('lation &as 4'stified in freedom of e,+ression cases involvin( s*m0olic s+eech. The test re1'ired that the (overnment interest to 0e 2valid and im+ortant3 and one 'nrelated to the s'++ression of free s+eech in order to 0e constit'tional. This case is no& 'sed not onl* in reference to s*m0olic s+eech 0't also &ith cases concernin( time) +lace and manner of restrictions. Te,as v. @ohnson (19%9) In 19%") =re(or* Aee @ohnson 0'rned an .merican fla( in front of the Dallas Cit* 6all to +rotest a(ainst Bea(an5s +olicies. @ohnson &as convicted 'nder the Te,as la& that o'tla&ed fla( desecration. 6e &as sentenced to one *ear in 4ail and (iven a CD)### fine. Citi-ens :nited v. $ederal 8lection Commission (D#1#) Citi-ens :nited so'(ht an in4'nction a(ainst the $ederal 8lection Commission in the :nited States District Co'rt for the District of Col'm0ia to +revent the a++lication of the i+artisan Cam+ai(n Beform .ct to its film 6illar*E The Movie. The movie e,+ressed o+inions a0o't &hether Senator 6illar* Bodham Clinton &o'ld make a (ood +resident. In an attem+t to re('late F0i( mone*F cam+ai(n contri0'tions) the CB. a++lied a variet* of restrictions to Felectioneerin( comm'nications.F Section D#3 of the CB. +revents cor+orations or la0or 'nions from f'ndin( s'ch comm'nication from their (eneral treas'ries. Sections D#1 and 311 re1'ire the disclos're of donors to s'ch comm'nication and a disclaimer &hen the comm'nication is not a'thori-ed 0* the candidate it intends to s'++ort. Citi-ens :nited ar('ed thatE 1) Section D#3 violates the $irst .mendment on its face and &hen a++lied to the movie and its related advertisements) and that D) Sections D#1 and D#3 are also 'nconstit'tional as a++lied to the circ'mstances. The :nited States District Co'rt denied the in4'nction. Section D#3 on its

face &as not 'nconstit'tional 0eca'se the S'+reme Co'rt in McConnell v. $ederal 8lection Commission had alread* reached that determination. The District Co'rt also held that the movie &as the f'nctional e1'ivalent of e,+ress advocac*) as it attem+ted to inform voters that Senator Clinton &as 'nfit for office) and th's Section D#3 &as not 'nconstit'tionall* a++lied. Aastl*) it held that Sections D#1 and D#3 &ere not 'nconstit'tional as a++lied to the movie or its advertisements. The co'rt reasoned that the McConnell decision reco(ni-ed that disclos're of donors Fmi(ht 0e 'nconstit'tional if it im+osed an 'nconstit'tional 0'rden on the freedom to associate in s'++ort of a +artic'lar ca'se)F 0't those circ'mstances did not e,ist in Citi-en :nitedGs claim. The ma4orit* o+inion) delivered 0* @'stice 7enned*) fo'nd that D :.S.C. H ""1(0)Gs +rohi0ition of all inde+endent e,+endit'res 0* cor+orations and 'nions &as invalid and co'ld not 0e a++lied to s+endin( s'ch as that in 6illar*E The Movie. 7enned* &roteE FIf the $irst .mendment has an* force) it +rohi0its Con(ress from finin( or 4ailin( citi-ens) or associations of citi-ens) for sim+l* en(a(in( in +olitical s+eech.F 6e also noted that since there &as no &a* to distin('ish 0et&een media and other cor+orations) these restrictions &o'ld allo& Con(ress to s'++ress +olitical s+eech in ne&s+a+ers) 0ooks) television and 0lo(s. The Co'rt overr'led .'stin v. Michi(an Cham0er of Commerce) &hich had +revio'sl* held that a Michi(an cam+ai(n finance act that +rohi0ited cor+orations from 'sin( treas'r* mone* to s'++ort or o++ose candidates in elections did not violate the $irst and $o'rteenth .mendments. The Co'rt also overr'led the +art of McConnell v. $ederal 8lection Commission that '+held CB. HD#3Gs e,tension of H""10Gs restrictions on inde+endent cor+orate e,+endit'res.The Co'rt fo'nd that CB. HHD#1 and 311I +rovisions re1'irin( disclos're of the f'nderI &ere valid as a++lied to the ads for 6illar* and to the movie itself. The !e& Jork Times re+orted that D" states &ith la&s +rohi0itin( inde+endent e,+endit'res 0* 'nions and cor+orations &ill have to chan(e their cam+ai(n finance la&s 0eca'se of the r'lin(. Senator Dick D'r0in +ro+osed that candidates &ho si(n '+ small donors receive C9##)### in +'0lic mone*. ;thers have +ro+osed that la&s on cor+orate (overnance 0e amended to ass're that shareholders vote on +olitical e,+endit'res. In $e0r'ar* D#1#) Senator Charles 8. Sch'mer of !e& Jork) immediate +ast Chairman of the Democratic Senatorial Cam+ai(n Committee) and Be+resentative Chris Kan 6ollen of Mar*land) Chairman of the Democratic Con(ressional Cam+ai(n Committee) o'tlined le(islation aimed at 'ndoin( the decision. In .+ril D#1#) the* introd'ced s'ch le(islation in the Senate and 6o'se) res+ectivel*. ;n @'ne D") D#1#) 6.B.9179 (The DISCA;S8 .ct) +assed in the 6o'se of Be+resentatives to re1'ire additional disclos're 0* cor+orations of their cam+ai(n e,+endit'res. The la&) if +assed) &o'ld also +rohi0it some +olitical s+endin( 0* :.S. com+anies &ith t&ent* +ercent or more forei(n o&nershi+) and some (overnment contractors. The DISCA;S8 .ct incl'des e,em+tions to its r'les (iven to certain s+ecial interests s'ch as the !ational Bifle .ssociation and the .merican .ssociation of Betired /ersons. These (a+s &ithin the +ro+osal have attracted criticism from la&makers on 0oth +olitical +arties. FThe* are a'ctionin( off +ieces of the $irst

.mendment in this 0ill... The 0i((er *o' are) the stron(er *o' are) the less disclos're *o' have)F said Be+'0lican Con(ressman Dan A'n(ren of California. Demoratic Con(ressman .dam Schiff of California commented) FI &ish there had 0een no carveIo'tsF. The DISCA;S8 .ct t&ice failed to +ass the :.S. Senate in the 111th Con(ress) 0oth times reachin( 99 of the 6# votes re1'ired to overcome a 'nified Be+'0lican fili0'ster. Morse v. $rederick (D##7) .t a schoolIs'+ervised event) @ose+h $rederick held '+ a 0anner &ith the messa(e 2 on( hits " @es's3. /rinci+al De0orah Morse took the 0anner a&a* and s's+ended $rederick for 1# da*s. She 4'stified her actions 0* citin( the school5s +olic* a(ainst the dis+la* of an* material +romotin( ille(al dr'( 'se. $rederick s'ed 'nder "D :.S.C. 19%3) the federal civil ri(hts stat'te) alle(in( a violation of his $irst .mendment ri(ht to freedom of s+eech. The District Co'rt fo'nd no constit'tional violation and r'led in favor of Morse. The co'rt held that even if there &ere a violation) the +rinci+al had 1'alified for imm'nit* from la&s'it. The :.S. Co'rt of .++eals for the !inth Circ'it reversed) citin( Tinker v. Des Moines Inde+endent Comm'nit* School District) &hich e,tended $irst .mendment +rotection to st'dent s+eech e,ce+t &here the s+eech &o'ld ca'se a dist'r0ance. eca'se $rederick &as +'nished for his messa(e rather than for an* dist'r0ance) the circ'it Co'rt r'led) the +'nishment &as 'nconstit'tional. .lso) the +rinci+al had no 1'alified imm'nit*) 0eca'se an* reasona0le +rinci+al &o'ld have kno&n that Morse5s actions &ere 'nla&f'l. Chief @'stice Bo0erts) &ritin( for the ma4orit*) concl'ded that the school officials did not violate the $irst .mendment 0* confiscatin( the +roIdr'( 0anner and s's+endin( the st'dent res+onsi0le for it. .fter recitin( the 0ack(ro'nd in /art one of the o+inion) in /art t&o he determined that Fschool s+eechF doctrine sho'ld a++l* 0eca'se $rederickGs s+eech occ'rred Fat a school eventFL /art three determined that the s+eech &as Freasona0l* vie&ed as +romotin( ille(al dr'( 'seFL and /art fo'r) in1'ired &hether a +rinci+al ma* le(all* restrict that s+eech) concl'din( that she co'ldM'nder the three e,istin( $irst .mendment school s+eech +recedents) other Constit'tional 4'ris+r'dence relatin( to schools) and a schoolGs Fim+ortantMindeed) +erha+s com+ellin( interestF in deterrin( dr'( 'se 0* st'dents. The .merican Civil Ai0erties :nion directl* +artici+ated in this case on the side of @ose+h $rederick. The Center for Individ'al Bi(hts) !ational Coalition .(ainst Censorshi+) and other (ro'+s that advocate $irst .mendment +rotection filed amici c'riae in s'++ort of $rederick. St'dents for Sensi0le Dr'( /olic* also noted that 0annin( dr'(Irelated s+eech &o'ld 'ndermine their a0ilit* to have cha+ters in +'0lic schools. The .merican Center for Aa& and @'stice) and B'therford Instit'te) and several other Christian ri(ht (ro'+s also filed 0riefs on the side of $rederick) reasonin( that if schools co'ld 0an FoffensiveF s+eech the* &o'ld also 0e a0le to +rohi0it reli(io's s+eech &ith &hich administrators disa(ree. ;n this +oint) the Christian ri(ht (ro'+s +revailed) as the S'+reme Co'rt e,+licitl* declined to hold that school 0oards co'ld disci+line FoffensiveF s+eech) notin( that Fm'ch +olitical and reli(io's s+eech mi(ht 0e

+erceived as offensive to someF and the concern is Fnot that $rederickGs s+eech &as offensive) 0't that it &as reasona0l* vie&ed as +romotin( ille(al dr'( 'se.F The !ational School oards .ssociation s'++orts Morse and the @'nea' school district) ar('in( that schools sho'ld 0e a0le to re('late controversial s+eech. :.S. Solicitor =eneral /a'l Clement filed an amic's 0rief in s'++ort of the school districtGs decision to +rohi0it controversial s+eech. ;n March 19) D##7) St'dents for Sensi0le Dr'( /olic* or(ani-ed a &idel* +'0lici-ed free s+eech rall* at the S'+reme Co'rt d'rin( oral ar('ments. The Dr'( /olic* .lliance and the !ational Jo'th Bi(hts .ssociation assisted &ith the rall*) &hich 0ro'(ht do-ens of st'dents from across the co'ntr* to the co'rt ste+s.