Please bring your Collections textbook with you tomorrow and Thursday. 11/27 What does it mean to have freedom of speech in a society? What types of actions does the freedom of speech protect? What does it not protect? Please bring your Collections textbook with you tomorrow and Thursday.

What constitutes free speech? Get out a piece of paper and something to write with

Introductory document “What Does Free Speech Mean?” by The Administrative Office of the United States Courts Among other cherished values, the First Amendment protects freedom of speech. The U.S. Supreme Court often has struggled to determine what exactly constitutes protected speech. The following are examples of speech, both direct (words) and symbolic (actions), that the Court has decided are either entitled to First Amendment protections, or not. The First Amendment states, in relevant part, that: “Congress shall make no law...abridging freedom of speech.”

Introductory document Freedom of speech includes the right: Not to speak (specifically, the right not to salute the flag). West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943). Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”). Tinker v. Des Moines, 393 U.S. 503 (1969). To use certain offensive words and phrases to convey political messages. Cohen v. California, 403 U.S. 15 (1971). To contribute money (under certain circumstances) to political campaigns. Buckley v. Valeo, 424 U.S. 1 (1976). To advertise commercial products and professional services (with some restrictions). Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977). To engage in symbolic speech, (e.g., burning the flag in protest). Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).

Introductory document Freedom of speech does not include the right: To incite actions that would harm others (e.g., “[S]hout[ing] ‘fire’ in a crowded theater.”). Schenck v. United States, 249 U.S. 47 (1919). To make or distribute obscene materials. Roth v. United States, 354 U.S. 476 (1957). To burn draft cards as an anti-war protest. United States v. O’Brien, 391 U.S. 367 (1968). To permit students to print articles in a school newspaper over the objections of the school administration.  Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988). Of students to make an obscene speech at a school-sponsored event. Bethel School District #43 v. Fraser, 478 U.S. 675 (1986). Of students to advocate illegal drug use at a school-sponsored event. Morse v. Frederick, __ U.S. __ (2007).

Questions for Introductory document 1. Why do you think showing respect for the flag has been so central to debates about free speech? 2. Why do you think the speech of students has been so central to the debates about free speech?

Quote analysis and elaboration practice

The freedom of Speech may be taken away—and, dumb & silent we may be led, like sheep, to the Slaughter. - General George Washington 3. What point is Washington making about freedom of speech? (2 sentences) 4. What impact does the simile “like sheep to slaughter” have on Washington’s point? In your answer, carefully consider the connotation and impact of the word “sheep.” Also consider his choice of the word “slaughter.” Write an elaborated paragraph that incorporates evidence from Washington as well as your own analysis (elaboration). Color code the paragraph when you are finished.

“We are willing enough to praise freedom when she is safely tucked away in the past and cannot be a nuisance. In the present, amidst dangers whose outcome we cannot foresee, we get nervous about her, and admit censorship.” - E.M. Forster 5. What point is Forster making about freedom? (2 sentences) 6. What effect does personifying freedom have on Forster’s statement? ( 2 sentences) 7. How is Forster’s point about freedom of speech challenged or supported by Washington’s? Are their points similar or different? How? Write an elaborated paragraph that incorporates evidence from both quotes and your own analysis (elaboration). Color code the paragraph when you are finished.

Texas v. Johnson (1989) Continue on the same paper

8. Delineate (outline) the key points that Brennan makes to support his argument. “We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents.”

American flag stands for tolerance Newspaper editorial by Ronald j. allen Continue on your -what constitutes free speech? paper

9. In line 7 Allen uses the word slaughtered instead of killed 9. In line 7 Allen uses the word slaughtered instead of killed. What does this reveal about his attitude toward the subject? 10. Cite evidence from lines 33 - 38 Allen uses to support his argument that freedom of conscience is of profound importance to Americans. 11. Outline the point Allen is making from lines 47 – 51. 12. What inference can you make after reading the last paragraph of Allen’s argument? Turn in all of your work (Questions 1 – 12) when you are finished!