02 Jun A WORK DISCUSSION
The 1st Amendment of the Constitution is a tricky thing. It grants one nearly unlimited rights to exercise speech—oral or written. Focusing exclusively on the highlighted section, locate a USSC case that ruled in favor of restriction of Free Speech or Press. Don’t use one that is already addressed by a colleague—there are plenty.
Explain the significance of the case you chose.
Which of the levels of scrutiny was used in your selected case?
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Just because you think you know this stuff:
Is there any expression of freedom protected by the 1st Amendment that you think is a mistake?
Do not use one that was already discussed by a colleague, there are plenty of possible options.
Here is the ONE that I will claim for myself, taking it off the table for you; because it was too easy, too emotional, and too misunderstood—
Texas v. Johnson, 491 U.S. 397 (1989)—if you don’t already know the issue for this case, make sure you do, BEFORE you choose your own issue.
Why would I say this straight-forward case was too misunderstood?
Well even the Court went 5-4 on it, there must be some room for misunderstanding or debate.
In the majority were 1. Brennan; 2. Marshall; 3. Blackmun; 4. Scalia; & 5. Kennedy
Dissenting were 1. The Chief Justice Rehnquist; 2. White; 3. O’Connor; & 4. Stevens
(A MINIMUM OF 125 WORDS)
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