Understanding Business & the Bill of Rights: Freedom of Speech, Religion, Search & Seizure, Study notes of Law

Download Understanding Business & the Bill of Rights: Freedom of Speech, Religion, Search & Seizure and more Study notes Law in PDF only on Docsity! Unit 2 Lecture 3 – Chapter 5- Business and the Bill of Rights II. Business and the bill of rights C. 1st Amendment – Freedom of Speech; guarantees freedom of speech 1. What is speech? Oral and written + symbolic 2. Including symbolic: all forms of expressive conduct; gestures, clothing, movement a. flag burning = expressive conduct protected by AM#1 b. texas vs Johnson – flag burning is constitutionally protected freedom of expression. Drinking and going wild (dress to high) 3. Esp. Political 4. Government can restrain speech when? a. yes – they are permissible only when they have to protect other interests and rights 5. Speech with limited protection: commercial speech: communications made by businesses, generally takes the form of marketing and advertising - it is protected by the first amendment but not as much. a. Bad frog – in NY, in order to have a label on liquor, it had to be approved. Frog with middle finger out, it’s a bad influence on children 6. Unprotected speech a. defamatory (slander: words aloud) (libel: written down) b. fighting words – threatening, kick you’re a**, tend to insight an immediate breach of the peace c. obscenity – a constitutionally unsettled area – material is obscene if the average person thinks it violates community standards 7. School setting: in public schools, they’re allowed to tell you what to do and what not to do. a. Morce B Frederick: high school student at hs event, sign says bong hits for jesus. Principle suspends him, gets sued for 1AM right of freedom of speech (5-4 in favor of principle, BONG HITS FOR JESUS, advocating something that violates the law) D. 1st Am – Freedom of Religion – free exercise of religious practices 1. Establishment clause – gov can’t force religion down your throat a. separation of church and state b. government is not to pass laws that promote religion or pick one religion over the other, all religions are to be accommodated by government