Freedom of Expression No – (i.e. censorship) “a prior restraint on expression comes to this Court with a heavy presumption against its constitutionality” –Pentagon Papers case –SCOTUS  6-3

Symbolic Speech Symbolic Speech  –Given substantial protection by the courts

Commercial Speech Commercial Speech  –Increasingly given 1 st Amend protection since 1970s –Restriction valid if: –A business engaging in commercial speech can be subject to liability for factual inaccuracies (that may not apply to noncommercial speech) “Advertising, however tasteless and excessive it sometimes may seem, is nonetheless dissemination of information as to who is producing and selling what product for what reason and at what price.”

Permitted Restrictions – –Expression may be restricted if evidence exists that such expression would cause a condition, actual or imminent, that Congress has the power to prevent “The question in every case is whether the words are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree.”

Modifications to C & P Test (Gitlow v. New York, 1925) (Dennis v. United States, 1951) Increased freedom of political speech –Yates v United States (1957) –Brandenburg v. Ohio (1969)