First Amendment: Freedom of Speech Congress shall make no law… “abridging the FREEDOM OF SPEECH” In the United States we each have the right to speak our mind (within some broad limits).

A Balance In their attempt to draw the line separating permissible from impermissible speech, judges have had to balance freedom of expression against competing values like –Public order –National security – and the right to a fair trial

Principles of Free Speech Types of Speech –Pure speech: only spoken words Ex. Debates and public meetings Given greatest protection –Speech-plus: speech combined with action Ex. Demonstrations and picketing speech is generally protected, action may be regulated –Symbolic speech: conduct that conveys a message in itself, without spoken word Ex. Displaying a communist flag, wearing an armband Some is protected, some isn’t

Flag Burning Burning the American flag is a form of protected symbolic speech. The Supreme Court upheld that right in a 5-4 decision in Texas v. Johnson (1989).

Limits on Free Speech Obscenity – anything that depicts sex or nudity in a way that violates society’s standards of decency –Difficult to define because public standards vary from time to time, place to place, and person to person Defamation – damaging another person’s reputation through false information –Libel is a written statement that defames the character of a person. –Slander is spoken words that defame the character of a person. –In the United States, it is often difficult to prove libel or slander, particularly if “public persons” or “public officials” are involved.

Fighting Words – abusive or insulting language that “have a direct tendency to cause acts of violence” –Hate speech – should it be protected or not? Imminent Lawless Action – speech cannot be punished, even when it advocates illegal action, unless it is “directed to inciting or producing imminent lawless action” and is likely to do so

Public Forums –Places such as a street or park that is traditionally used for freedom of speech –Time, place, and manner: government can regulate where, when, and how freedom of speech may be exercised Speech in Schools –Teachers and students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” –Free speech can be limited if students’ actions would “materially or substantially disrupt” the school’s educational purpose –Free speech can be limited if it is vulgar and lewd and undermines the school’s basic educational mission –Schools can control expression that people might believe the school has endorsed

Prior Restraint – a government action that prevents material from being published. The Supreme Court has generally struck down prior restraint of speech and press (Near v. Minnesota, 1931). In NYT v. United States (1971) the Court ruled that the publication of the top-secret Pentagon Papers could not be blocked.