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Miller was arrested and convicted of a state statute that prohibited knowing distribution of obscene material.
The appellate court affirmed Miller’s conviction.
TM
Miller v. California
The United States Supreme Court vacated Miller’s conviction and remanded. The Court held that
“[O]bscene material is unprotected by the First Amendment.” Therefore, obscene material may be regulated by the states, but
The petition was dismissed and on appeal to the US Court of Appeals for the Eighth Circuit, the decision was affirmed with an equally divided court. Sitting en banc the decision was four to four.
TM
Tinker v. Des Moines
Here are two clips from the oral argument in this case.
TM
Bethel School Dist v. Fraser
Student Matthew Fraser delivered a speech to 600 high school students in support of a friend’s campaign for student council during a school assembly.
TM
School vs. Public
The Court has recognized that students do not shed their constitutional rights when they enter school.
However, the Court has traditionally recognized that the educational mission of the school cannot be disrupted by the exercise of free speech.
Stromberg was convicted of violating a California statute that prohibited the display of a red flag or banner in any public place or in any meeting place or public assembly
TM
Tinker v. Des Moines
The United States Supreme Court granted certiorari.
The US Supreme Court held in a 7-2 decision that the wearing of the armbands was protected by the First Amendment.
(1) as a sign, symbol or emblem of opposition to organized government; or
(2) as an invitation or stimulus to anarchistic action (i.e., overthrow of the government); or
TM
What is Speech?
Anything that a person says or does that is intended to convey a message that could reasonably be expected to be understood by others.
Tinker v. Des Moines, 393 U.S. 503 (1969)
TM
Prior Decisions
Decisions of the US Supreme Court Case precedent and free speech
TM
Stromberg v. California
Fearing a disruption, the principals of the schools suspended them.
TM
Tinker v. Des Moines
The students sought relief in US District Court for the southern district of Iowa asking for nominal damages and an injunction against a regulation banning the armbands.
TM
Stromberg v. California
Stromberg appealed her conviction to the state appellate court contending that the statute under which she was charged was invalid as “an unwarranted limitation on the right of free speech.” The appellate court affirmed the conviction.
(3) as an aid to propaganda that is of a seditious (encouraging disorder, treasonous) character.
TM
Stromberg v. California
Stromberg, a member of the Young Communist League, was a supervisor of a summer camp. Each day, a daily ceremony was held at the camp where the children raised a red flag and recited a pledge of allegiance to “the workers’ red flag.”
TM
First Amendment
Can you identify the five rights in the First Amendment?
TM
First Amendment
The Five Rights
Freedom of speech Freedom of religion Freedom of the press Right to assemble peacefully Right to petition the government
The United States Supreme Court reversed. The Court held that the first clause of the statute (i.e., prohibiting the display of a flag as a sign, symbol or emblem of opposition to organized government) violated the First Amendment because it was broad enough to punish peaceful and orderly opposition to government by legal means.
Miller v. California, 413 U.S. 15 (1973)
The school environment is different from the public in that schools have the duty to fulfill their educational mission.
TM
Miller v. California
Miller conducted a mass mailing campaign of “adult material.” He sent five unsolicited advertising brochures through the mail to a restaurant. The manager of the restaurant and his mother opened the envelope containing the brochures and complained to the police.
Speech rights at school differ from outside the school environment.
TM
Tinker v. Des Moines
In 1968, three public school students came to class wearing black armbands.
Stromberg also possessed books and pamphlets which called for a violent uprising and a “bloody, destructive” war. Stromberg admitted ownership of some of these materials, but none of them were used in teaching at the camp.
First Amendment in Schools
First Amendment
“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.”
subject to certain safeguards. What is obscene is to be determined by state community
standards (i.e., what is obscene in Utah may not necessarily be obscene in New York state). The Supreme Court remanded the case so that the lower court could consider Miller’s case under these new standards.
TM
What is Speech?
Speech can be non-verbal, such as displaying a flag.
Stromberg v. California, 283 U.S. 359 (1931)
Obscene speech is not protected.
The appellate court affirmed Miller’s conviction.
TM
Miller v. California
The United States Supreme Court vacated Miller’s conviction and remanded. The Court held that
“[O]bscene material is unprotected by the First Amendment.” Therefore, obscene material may be regulated by the states, but
The petition was dismissed and on appeal to the US Court of Appeals for the Eighth Circuit, the decision was affirmed with an equally divided court. Sitting en banc the decision was four to four.
TM
Tinker v. Des Moines
Here are two clips from the oral argument in this case.
TM
Bethel School Dist v. Fraser
Student Matthew Fraser delivered a speech to 600 high school students in support of a friend’s campaign for student council during a school assembly.
TM
School vs. Public
The Court has recognized that students do not shed their constitutional rights when they enter school.
However, the Court has traditionally recognized that the educational mission of the school cannot be disrupted by the exercise of free speech.
Stromberg was convicted of violating a California statute that prohibited the display of a red flag or banner in any public place or in any meeting place or public assembly
TM
Tinker v. Des Moines
The United States Supreme Court granted certiorari.
The US Supreme Court held in a 7-2 decision that the wearing of the armbands was protected by the First Amendment.
(1) as a sign, symbol or emblem of opposition to organized government; or
(2) as an invitation or stimulus to anarchistic action (i.e., overthrow of the government); or
TM
What is Speech?
Anything that a person says or does that is intended to convey a message that could reasonably be expected to be understood by others.
Tinker v. Des Moines, 393 U.S. 503 (1969)
TM
Prior Decisions
Decisions of the US Supreme Court Case precedent and free speech
TM
Stromberg v. California
Fearing a disruption, the principals of the schools suspended them.
TM
Tinker v. Des Moines
The students sought relief in US District Court for the southern district of Iowa asking for nominal damages and an injunction against a regulation banning the armbands.
TM
Stromberg v. California
Stromberg appealed her conviction to the state appellate court contending that the statute under which she was charged was invalid as “an unwarranted limitation on the right of free speech.” The appellate court affirmed the conviction.
(3) as an aid to propaganda that is of a seditious (encouraging disorder, treasonous) character.
TM
Stromberg v. California
Stromberg, a member of the Young Communist League, was a supervisor of a summer camp. Each day, a daily ceremony was held at the camp where the children raised a red flag and recited a pledge of allegiance to “the workers’ red flag.”
TM
First Amendment
Can you identify the five rights in the First Amendment?
TM
First Amendment
The Five Rights
Freedom of speech Freedom of religion Freedom of the press Right to assemble peacefully Right to petition the government
The United States Supreme Court reversed. The Court held that the first clause of the statute (i.e., prohibiting the display of a flag as a sign, symbol or emblem of opposition to organized government) violated the First Amendment because it was broad enough to punish peaceful and orderly opposition to government by legal means.
Miller v. California, 413 U.S. 15 (1973)
The school environment is different from the public in that schools have the duty to fulfill their educational mission.
TM
Miller v. California
Miller conducted a mass mailing campaign of “adult material.” He sent five unsolicited advertising brochures through the mail to a restaurant. The manager of the restaurant and his mother opened the envelope containing the brochures and complained to the police.
Speech rights at school differ from outside the school environment.
TM
Tinker v. Des Moines
In 1968, three public school students came to class wearing black armbands.
Stromberg also possessed books and pamphlets which called for a violent uprising and a “bloody, destructive” war. Stromberg admitted ownership of some of these materials, but none of them were used in teaching at the camp.
First Amendment in Schools
First Amendment
“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.”
subject to certain safeguards. What is obscene is to be determined by state community
standards (i.e., what is obscene in Utah may not necessarily be obscene in New York state). The Supreme Court remanded the case so that the lower court could consider Miller’s case under these new standards.
TM
What is Speech?
Speech can be non-verbal, such as displaying a flag.
Stromberg v. California, 283 U.S. 359 (1931)
Obscene speech is not protected.