First Amendment: Freedom of Speech

1
First Amendment Freedom of Speech

• Congress shall make no law abridging the
  FREEDOM OF SPEECH
• In the United States we each have the right to
  speak our mind (within some broad limits).

2
A Balance

• In their attempt to draw the line separating
  permissible from impermissible speech, judges
  have had to balance freedom of expression against
  competing values like
• Public order
• National security
• and the right to a fair trial

3
Principles of Free Speech

• Types of Speech
• Pure speech only spoken words
• Ex. Debates and public meetings
• Given greatest protection
• Speech-plus speech combined with action
• Ex. Demonstrations and picketing
• speech is generally protected, action may be
  regulated
• Symbolic speech conduct that conveys a message
  in itself, without spoken word
• Ex. Displaying a communist flag, wearing an
  armband
• Some is protected, some isnt

4
Flag Burning

• Burning the American flag is a form of protected
  symbolic speech.
• The Supreme Court upheld that right in a 5-4
  decision in Texas v. Johnson (1989).

5
Limits on Free Speech

• Obscenity anything that depicts sex or nudity
  in a way that violates societys standards of
  decency
• Difficult to define because public standards vary
  from time to time, place to place, and person to
  person
• Defamation damaging another persons reputation
  through false information
• Libel is a written statement that defames the
  character of a person.
• Slander is spoken words that defame the character
  of a person.
• In the United States, it is often difficult to
  prove libel or slander, particularly if public
  persons or public officials are involved.

6

• Fighting Words abusive or insulting language
  that have a direct tendency to cause acts of
  violence
• Hate speech should it be protected or not?
• Imminent Lawless Action speech cannot be
  punished, even when it advocates illegal action,
  unless it is directed to inciting or producing
  imminent lawless action and is likely to do so

7

• Public Forums
• Places such as a street or park that is
  traditionally used for freedom of speech
• Time, place, and manner government can regulate
  where, when, and how freedom of speech may be
  exercised
• Speech in Schools
• Teachers and students do not shed their
  constitutional rights to freedom of speech or
  expression at the schoolhouse gate
• Free speech can be limited if students actions
  would materially or substantially disrupt the
  schools educational purpose
• Free speech can be limited if it is vulgar and
  lewd and undermines the schools basic
  educational mission
• Schools can control expression that people might
  believe the school has endorsed

8

• Prior Restraint a government action that
  prevents material from being published.
• The Supreme Court has generally struck down prior
  restraint of speech and press (Near v. Minnesota,
  1931).
• In NYT v. United States (1971) the Court ruled
  that the publication of the top-secret Pentagon
  Papers could not be blocked.