Limits on Freedom of Speech Take notes on Cornell notes sheets. It is recommended that you copy what is written in red.

Five parts of the First Amendment Freedom of Speech Freedom of Religion Freedom of Assembly Freedom of the Press Freedom to Petition the Government

Question: What is speech? Are students who wear black armbands protesting a school policy engaging in “speech”? Is demonstrating in front of a government building a form of speech? Is standing up on an airplane and yelling “bomb!” free speech?

Supreme Court Two Types of Speech

Types of Speech Pure Speech Verbal expression of thought and opinion before an audience that has chosen to listen

Pure Speech It is the most common form of speech Pure speech may be delivered calmly in the privacy of one’s home Or it can be delivered passionately in front of a crowd

Students discussing their Political Science class on college campus Pure Speech Students discussing their Political Science class on college campus Family discussing the things they like and dislike about living in America

Football coach giving a pre-game speech Pure Speech Barack Obama giving a speech to a large crowd while running for president Football coach giving a pre-game speech

Types of Speech Symbolic Speech The use of actions and symbols, in addition or instead of words, to express opinions

Symbolic Speech Examples of symbolic speech During Vietnam War (1960s-early 70s), protestors burned their draft cards to express their opposition to the war The burning of the American flag to show displeasure with U.S. government Wearing a black armband or bandana to protest a war

Symbolic Speech

Symbolic Speech

But free speech has its limits Both Pure Speech and Symbolic Speech have their limits If a person’s free speech presents a clear and present danger, then the First Amendment does NOT protect it But what defines a clear and present danger?

Clear and Present Danger= If the public’s safety is put in danger

Examples of Clear and Present Danger 1) Shouting “Fire” in a crowded theater 2) Screaming “I have a bomb” on a plane 3) Passing out leaflets (flyers) to recruit people interested in planning an attack against the U.S. Government 4) Lighting a large pile of American flags in a public park or on a crowded sidewalk

First Amendment also does not protect… Defamatory Speech- false speech that damages a person’s good name, character or reputation

Defamatory Speech Slander= spoken Libel= written i.e. Telling people at the workplace a lie about a co-worker; saying they have a drug problem Libel= written i.e. Journalist purposefully writing lies about a public figure; makes up that a politician is cheating on his wife

Freedom of Speech The 1st Amendment protects both pure and symbolic speech UNLESS it creates a clear and present danger Then it is not protected under 1st amendment Most speech is protected but not ALL

Limits on Free Speech

1. Causing Disruption in Schools While freedom of speech in school for students is protected, speech that causes a disruption in school is not. Example: Shouting in the hallways.

2. Creating a Clear and Present Danger If the public’s safety is put in danger by speech, that speech is not protected Example: Screaming “I have a bomb” on a plane.

Slander = spoken Libel = Written 3. Defamatory Speech False speech that damages a person’s good name, character, or reputation is called defamatory speech, and it is not protected. Example: A journalist makes up and writes lies about a public figure. Slander = spoken Libel = Written

4. Obscenity Obscenity can also be limited. Obscenity is when an average person using average standards thinks something is inappropriate or gross. Or, use the SLAPS test: the speech lacks serious literary, artistic, political or scientific value. Example: Child pornography

5. “Fighting Words” Words that threaten people or are extremely likely to cause an immediate breach of the peace or fight. Example: Words that threaten someone, basically assault.