How does the 1st amendment protect free expression Lesson 29

Lesson Objectives When you finish this lesson, you should be able to: Explain the importance of freedom of expression to both the individual and society and historical significance Explain considerations useful in deciding when the government should be able to place limits on freedom of speech and the press Be able to evaluate, take and defend positions on issues involving the right to freedom of expression

Why is protecting the 1st amendment so important? Founders believed that the freedom to express personal opinions is essential to free government. It is important to not suppress opinions that are different from the majority or the most vocal. Free exchange of ideas is vital to a government where people retain the power. The pressure to suppress freedom of expression are widespread and powerful.

Arguments that favor free speech… Freedom of expression promotes individual growth and human dignity. Right to arrive at their own conclusions…intellectual freedom. Freedom of expression is important for the advancement of knowledge Real knowledge and progress is only possible when all ideas and points of view are on the table. Freedom of expression is a necessary part of representative government. Allows for the monitoring how well governments carry out their responsibilities. Freedom of expression is vital to bringing about peaceful social change. Influence public opinion through persuasion Freedom of expression is essential for the protection of all individual rights. Individuals should have the right to speak out regarding violations of their rights.

How was freedom of expression protected in early America? Some ideas were brought to American from England. In the 17th century English won the right to speak and publish without prior censorship. They still could be prosecuted after the act was committed. Sedition – The act of rebellion Seditious libel – The act of inciting others to overthrow the government Libel – stating something that is not true in print Founders believed that the power of Congress did not extend to the press

How was freedom of expression protected in early America? Many people supported Jefferson in the Elections of 1800 Viewed as supporters of political freedom Jefferson, “Our liberty depends on freedom of the press and that cannot be limited without being lost.”

Trial of John Peer Zenger –Freedom of Press Seditious libel….definition was hazy. John Peter Zenger …the pivotal point in he case was determining whether or not he is telling the truth Judge tried to sway the audience with ideas Audience ignore judge and evaluates the coarse on truth. Established the right of freedom of the press but also proved the importance of the jury as a check on arbitrary government.

Suppression of Freedom of Expression Restrictions of freedom of speech have often come during times of war. Before the Civil War the government made it a federal offense to send abolitionist literature through the mail. From WWI to the 1950’s the government prosecuted suspected anarchists, socialists and communists. Since the 1960’s there have been fewer attempts to punish those who advocate for their beliefs.

Commonly Accepted Limitations on Freedom of Expression Despite, “Congress shall make no law…” people generally argue in support of limiting expression in certain situations. What limits should their be….should be there any? There are some situations where the could be reasonable limits Can protest the government, but not on a loudspeaker at midnight in a residential area. Yelling “Fire” in a crowed theatre Defaming the character of a person in a speech or in writing. Courts rulings are often “dynamic and unpredictable.”

So, how can the government limit expression? Laws may not discriminate unfairly on the basis of the content of the expression or the speaker. Cannot allow some religious institutions favors while denying others – like passing out fliers or being in a parade. No one can be singled out for unpopular views. Time, place and manner restrictions must be content-neutral and applied fairly Can be limited by time, place and manner of restrictions What is content-neutral? Could their be limits on content? Regulations on expression cannot be vague Must be clear – objective so that others know what is permitted and what is forbidden.

So, how can the government limit expression? Regulations must not be overly broad and must be implemented by the “least restrictive means” Written narrowly so that they solve a specific problem…with as few limitations as possible. Cannot ban what may happen in the future. How do wars and emergencies affect free speech and press? -- Over time there has become more tolerance of free speech during these times. 1969 Supreme Court adopted an approach to free speech and press that demonstrated this leniency: “…Constitutional guarantees of free speech and free press do no permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is direct to inciting or producing imminent lawless action or is likely to incite or produce such action.” Brandenburg v. Ohio, 1969 Known as the Brandenburg test – in 2001 rekindled debate that this test was too lenient.