Types of Speech Pure Speech- peaceful expression of thoughts & ideas before a willing audience. Protected by the 1st Amendment. Speech Plus- verbal expression.

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Presentation transcript:

Types of Speech Pure Speech- peaceful expression of thoughts & ideas before a willing audience. Protected by the 1st Amendment. Speech Plus- verbal expression plus an action. Subject to restrictions. Ex: Marching, demonstrations. Symbolic Speech- non-verbal using symbols. Substantial protection. Ex: Picketing, wearing arm bands, flag burning, cross burning

Speech Plus & Symbolic Speech

Guidelines used in Free Speech Clear and Present Danger- Immediate threat to public peace. Sometimes hard to define. Bad Tendency Rule- Speech is restricted even if it has a tendency to lead to an illegal action. Not supported by the Supreme Court.

Guidelines used in Free Speech Preferred Position Doctrine- Freedom of speech is so essential in a democracy that it holds a preferred position. Prior Restraint- Activity is stopped before it actually happens. Involves censorship. Not supported by the Supreme Court. Cannot curb idea before they are expressed.

Unprotected Speech Libel—printed false & malicious lies, Slander—spoken false lies Obscenities Fighting Words- speech so inflammatory that it will provoke the avg. listener to violence. Beyond insulting and controversial language. Immediate violence.

Cyberspace Virtually unregulated. 1996 Communications Decency Act- illegal to transmit indecent material over the internet. 1997 Reno v. American Civil Liberties Union- act declared unconstitutional.

Advertising “Commercial Speech” Free flow of commercial information. Laws prohibit false advertising, illegal goods and services. Certain legal products prohibited. Ex: Tobacco

Media Reporters have gone to jail for not revealing news sources. Shield Laws- protect reporters from disclosing sources or confidential info.

Motion Pictures Not considered part of the press. “Liberty of expression” Protected by the 1st Amendment.

Radio and TV Extensive Federal regulations Federal Communications Commission (FCC) Considered “public airwaves”. Cable has more protections under the 1st Amendment.