Freedom of Speech “Freedom of speech and expression is the heart of a democratic society.”

Free Marketplace of Ideas A __________ exchange of ideas gives society a safety valve that helps the people deal with change in a more orderly way. The people determine the _______ by deciding what ideas have the power to be __________ in the marketplace of ideas. ( See page 446 in Streetlaw)

What is protected under the 1st Amendment? An opinion or point of view. Hate speech Criticism of the government Freedom NOT to speak or associate with others Criticism of another group’s beliefs

What speech is NOT protected under the 1st Amendment? Fighting words “Fire! Fire!” Oliver Wendell Holmes said The constitution does not give protection to someone who yells Fire! In a crowded theatre! !) Clear and Present Danger Test- If the action of public speaking would pose a “clear and present danger” to citizens it is prohibited.

Other unprotected speech… Commercial Speech Obscenity Defamation- Libel and slander

Conflict of values: now what? Most difficult cases courts are asked to resolve. Free speech is, at times, limited by government action. Examples: What should law enforcement do if a speaker makes an unpopular statement to which listeners react violently? Should police arrest the speaker or try to control the crowd?

OBSCENITY Anything treats sex/nudity in offensive manner, exceeds standards of decency, and lacks serious literary, artistic, political, or scientific value. Justice Potter Stewart: re; pornography. “ I know it when I see it.” 1957-Miller v CA: S Ct. gave 3 part test as a guideline for whether something is obscene:

Miller v California (1957) Would the average person applying today’s community standards find the material appeals to a prurient interest (unwholesome)? Does the work depict, in an offensive way, sexual conduct outlawed by applicable state law? Does the work, as a whole, lack serious literary, artistic, political, or scientific value?

Obscene or ART?