Freedom of Speech

Purpose for Freedom of Speech: To guarantee to each person a right of Free expression, in the Spoken and the Written word, and by all other means of communication. To guarantee ALL persons a full, wide-ranging discussion of public affairs.

Who does freedom of speech protect? It is intended to protect the expression of unpopular opinions or views. “freedom for the thought that we hate” Justice Oliver Wendell Holmes Remember some forms of expression are not protected by the Constitution. Many reasonable restrictions can be placed on those rights.

Types of Speech: Seditious Speech Definition- the advocating, or urging the crime to attempt to overthrow the government by force, or to disrupt its lawful activities by violent acts.

Alien and Sedition Acts gave the President the power to deport undesirable aliens. And made “ any false, scandalous and malicious” criticism of the government a crime. Very Unconstitutional! Espionage Act of made it a crime to encourage disloyalty, interfere with the draft, obstruct recruiting, incite insubordination in the armed forces or hinder the sale of government bonds. Also made it a crime to “willfully utter, print, write or publish any disloyal, profane…or abusive language about the form of government of the United States.”

The Smith Act of 1940 Made it a crime for anyone to advocate the violent overthrow of the US Government, to distribute material that teaches or advises violent overthrow, or to knowingly belong to any group with such an aim. This act is still on the books today.

Obscenity Is not protected by the Constitution…but the Supreme Court has had to deal with these questions. What language and images in printed matter, films, and other materials are, in fact, obscene? What restrictions can be properly placed on such materials?

Miller vs. California 1973 The court laid down a three part test to determine what material is obscene and what is not. A book, film, recording, or other piece of material is legally obscene if 1. “the average person applying contemporary (local) community standards” finds that the work, taken as a whole, “appeals to the prurient interest”---that is, tends to excite lust; 2. “the work depicts or describes, in a patently offensive way,” a form of sexual conduct specifically dealt with in an anti- obscenity law; 3. “the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.”

Obscenity Cannot be within 1000 feet of a residential neighborhood, church, park or school. Cannot be found on Government owned computers. Cities can limit nude dancing. Discuss other examples for Utah…

Types of Obscenity Adult book stores Adult theaters/clubs Adult content magazines When is it considered art? Class discussion…

Symbolic Speech Definition: When people communicate ideas by conduct, or by the way they do a particular thing. Examples: Picketing involves patrolling of a business by workers who are on strike or are against a certain action. If it is done peacefully and does not interfere with the government or a business then it is protected.

Other examples of SYMBOLIC SPEECH Burning draft cards Burning the American flag Burning of a cross Armbands and buttons Are these above items protected?

Defamation There are two types of defamation. Slander- when someone says something about someone that is not true and hurts their reputation. Libel- When someone prints something that is not true and hurts their reputation. Make sure what you say and write are TRUE!

Commercial Speech -Is for business purposes/advertising Prohibits false and misleading ads Prohibits the sell of illegal goods or services tobacco ads made illegal on radio and TV extended to chew and snuff

Prior Restraint Definition- The government cannot place any prior restraint on spoken or written words. Meaning the government cannot stop you from saying something because they think they know what you are going to say. They can punish for things after they are said. Examples: Ethnic slurs and fighting words

Exceptions to prior restraint Cases of wartime Obscenity Incites a riot No political material on American bases without government approval CIA employees In Federal prisons- It is “ detrimental to security or discipline” ***School newspapers

Time, place and manner The government can regulate When? Where? How? Give examples.