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Schenck v. United States, 249 U.S. 47 (1919), was a landmark decision of the U.S. Supreme Court concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Holmes Jr., concluded that Charles Schenck, who distributed flyers to draft-age men urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense. The First Amendment did not protect Schenck from prosecution, even though, "in many places and in ordinary times, Schenck, in saying all that was said in the circular, would have been within his constitutional rights. But the character of every act depends upon the circumstances in which it is done." In this case, Holmes said, "the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." Therefore, Schenck could be punished.
Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action". Specifically, the Court struck down Ohio's criminal syndicalism statute, because that statute broadly prohibited the mere advocacy of violence. In the process, Whitney v. California (1927) was explicitly overruled, and Schenck v. United States (1919), Abrams v. United States (1919), Gitlow v. New York (1925), and Dennis v. United States (1951).
The seven dirty words are seven English-language curse words that American comedian George Carlin first listed in his 1972 "Seven Words You Can Never Say on Television" monologue. The words, in the order Carlin listed them, are: "shit", "piss", "fuck", "cunt", "cocksucker", "motherfucker", and "tits".
Rory Elizabeth Katherine Kennedy is an American documentary filmmaker who is the youngest and posthumous child of U.S. Senator Robert F. Kennedy and Ethel Skakel. Kennedy has made documentary films that center on social issues such as addiction, nuclear radiation, the treatment of prisoners-of-war, and the politics of the Mexican border fence. Her films have been featured on many television networks.
In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the U.S. Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government. The term "freedom of speech" embedded in the First Amendment encompasses the decision what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. However, It can be restricted by time, place and manner in limited circumstances. Some laws may restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary to coworkers or attempting to organize a labor union.
Chaplinsky v. New Hampshire, 315 U.S. 568 (1942), was a landmark decision of the US Supreme Court in which the Court articulated the fighting words doctrine, a limitation of the First Amendment's guarantee of freedom of speech.
"Shouting fire in a crowded theater" is a popular analogy for speech or actions whose principal purpose is to create panic, and in particular for speech or actions which may for that reason be thought to be outside the scope of free speech protections. The phrase is a paraphrasing of a dictum, or non-binding statement, from Justice Oliver Wendell Holmes, Jr.'s opinion in the United States Supreme Court case Schenck v. United States in 1919, which held that the defendant's speech in opposition to the draft during World War I was not protected free speech under the First Amendment of the United States Constitution. The case was later partially overturned by Brandenburg v. Ohio in 1969, which limited the scope of banned speech to that which would be directed to and likely to incite imminent lawless action.
National Socialist Party of America v. Village of Skokie, 432 U.S. 43 (1977), arising out of what is sometimes referred to as the Skokie Affair, was a landmark decision of the US Supreme Court dealing with freedom of speech and freedom of assembly. This case is considered a "classic" free speech case in constitutional law classes. Related court decisions are captioned Skokie v. NSPA, Collin v. Smith, and Smith v. Collin. The Supreme Court ruled 5–4, per curiam. The Supreme Court's 1977 ruling granted certiorari and reversed and remanded the Illinois Supreme Court's denial to lift the lower court's injunction on the NSPA's march. In other words: the courts decided a person's assertion that speech is being restrained must be reviewed immediately by the judiciary. By requiring the state court to consider the neo-Nazis' appeal without delay, the U.S. Supreme Court decision opened the door to allowing the National Socialist Party of America to march.
Martin Garbus is an American attorney. He has argued cases throughout the country involving constitutional, criminal, copyright, and intellectual property law. He has appeared before the United States Supreme Court, as well as trial and appellate courts throughout the United States. He has argued and written briefs that have been submitted to the United States Supreme Court; a number of which have resulted in changes in the law on a nationwide basis, including one described by Justice William J. Brennan as "probably the most important due process case in the Twentieth Century". An international observer in foreign elections, he was selected by President Jimmy Carter to observe and report on the elections in Venezuela and Nicaragua. Garbus also participated in drafting several constitutions and foreign laws, including the Czechoslovak constitution. He also has been involved in prisoner exchange negotiations between governments. He is the author of six books and over 30 articles in The New York Times, The Washington Post and the Los Angeles Times. Shouting Fire is a documentary film about his life and career. He received the Fulbright Award for his work on International Human Rights in 2010. In 2014, University College Dublin's Literary and Historical Society honored Garbus with the James Joyce Award for Excellence in Law. The same year Trinity College awarded him for his human rights and free speech work. He has represented dissidents in amongst other places such as China, Russia, Czechoslovakia, India, India, South Africa, and Taiwan.
Elizabeth Freya Garbus is an American documentary film director and producer. Notable documentaries Garbus has made are The Farm: Angola, USA,Ghosts of Abu Ghraib,Bobby Fischer Against the World,Love, Marilyn,What Happened, Miss Simone?, and Becoming Cousteau. She is co-founder and co-director of the New York City-based documentary film production company Story Syndicate.
Gregory Lee "Joey" Johnson is an American political activist affiliated with the Revolutionary Communist Party USA. His burning of the flag of the United States in a political demonstration during the 1984 Republican National Convention in Dallas, Texas, in violation of a Texas law prohibiting flag desecration, led to his role as defendant in the landmark United States Supreme Court case Texas v. Johnson (1989).
Jonathan David Stack is an American documentary filmmaker. He is also a co-founder of World Vasectomy Day.
Posadas de Puerto Rico Associates v. Tourism Co. of Puerto Rico, 478 U.S. 328 (1986), was a 1986 appeal to the Supreme Court of the United States to determine whether Puerto Rico's Games of Chance Act of 1948 is in legal compliance with the United States Constitution, specifically as regards freedom of speech, equal protection and due process. In a 5–4 decision, the Supreme Court held that the Puerto Rico government (law) could restrict advertisement for casino gambling from being targeted to residents, even if the activity itself was legal and advertisement to tourists was permitted. The U.S. Supreme Court affirmed the Puerto Rico Supreme Court conclusion, as construed by the Puerto Rico Superior Court, that the Act and regulations do not facially violate the First Amendment, nor did it violate the due process or Equal Protection Clauses of the Fourteenth Amendment.
Shouting Fire may refer to:
Michael C. Donaldson is an American entertainment attorney, independent film advocate and a recipient of the International Documentary Association's Amicus Award, an honor bestowed upon only two others, Steven Spielberg and John Hendricks, in the 25-year history of the awards. He is a proponent of the 165-year-old fair-use doctrine and, through its use, is known for saving documentarians hundreds of thousands of dollars while preserving their First Amendment rights.
Connick v. Myers, 461 U.S. 138 (1983), is a United States Supreme Court decision concerning the First Amendment rights of public employees who speak on matters of possible public concern within the workplace context. It was first brought by Sheila Myers, an Orleans Parish, Louisiana, assistant district attorney (ADA). She had been fired by her superior, District Attorney Harry Connick Sr., when, after receiving a transfer she had fiercely resisted in private conversations with him and his chief assistant district attorney, she distributed a questionnaire to her fellow prosecutors asking about their experience with Connick's management practices. At trial, Judge Jack Gordon of the Eastern District of Louisiana found the firing had been motivated by the questionnaire and was thus an infringement on her right to speak out on matters of public concern as a public employee. After the Fifth Circuit affirmed the verdict, Connick appealed to the Supreme Court.
Waters v. Churchill, 511 U.S. 661 (1994), is a United States Supreme Court case concerning the First Amendment rights of public employees in the workplace. By a 7–2 margin the justices held that it was not necessary to determine what a nurse at a public hospital had actually said while criticizing a supervisor's staffing practices to coworkers, as long as the hospital had formed a reasonable belief as to the content of her remarks and reasonably believed that they could be disruptive to its operations. They vacated a Seventh Circuit Court of Appeals ruling in her favor, and ordered the case remanded to district court to determine instead if the nurse had been fired for the speech or other reasons, per the Court's ruling two decades prior in Mt. Healthy City School District Board of Education v. Doyle.
The censorship of student media in the United States is the suppression of student-run news operations' free speech by school administrative bodies, typically state schools. This consists of schools using their authority to control the funding and distribution of publications, taking down articles, and preventing distribution. Some forms of student media censorship extend to expression not funded by or under the official auspices of the school system or college.
Sex, Sin, and Blasphemy: A Guide to America's Censorship Wars is a non-fiction book by lawyer and civil libertarian Marjorie Heins that is about freedom of speech and the censorship of works of art in the early 1990s by the U.S. government. The book was published in 1993 by The New Press. Heins provides an overview of the history of censorship, including the 1873 Comstock laws, and then moves on to more topical case studies of attempts at suppression of free expression.
Philip P. DiStefano is an academic administrator who serves as the current and 11th chancellor of the University of Colorado Boulder since May 2009. He has taught at the University of Colorado, Boulder since 1974, and holds the Quigg and Virginia S. Newton Endowed Leadership chair.
References
- 1 2 Shouting Fire: Stories from the Edge of Free Speech – Synopsis
- ↑ Harvey, Dennis (2009-01-26). "Shouting Fire: Stories From the Edge of Free Speech". Variety. Retrieved 2009-09-01.
- ↑ Allis, Sam (2009-07-29). "The First Amendment, with little give-and-take". Boston Globe. Retrieved 2009-09-01.
- ↑ "Churchill To Appear In HBO Documentary". Denver News. 2009-06-13. Retrieved 2009-09-01.
