Freedom of Speech and the Press The 1 st Amendment.

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Freedom of Speech and the Press The 1 st Amendment

Question: Discuss with your table partner Why are freedom of speech and freedom of the press so important? Share

Two Types of Speech Pure Speech Spoken Word Conversation between two people Speech to a crowd of thousands Symbolic Speech Combines actions and symbols-with or without words-to express ideas. Example: flag burning as protest

Question: Discuss Should there be limits on free speech? What is the criteria? Discuss.

Limits of Free Speech Seditious Speech Speech which encourages overthrow or disruption of Government “Clear and present danger” is yardstick. People punished if use words to promote criminal acts as opposed to just believing something Landmark Case Schenck vs. United States 1919 See summary

Other Speech not protected Limits Defamation: false words that damage a person’s character or good name Slander: spoken defamatory words Libel: written defamatory words “fighting words”: speech so insulting that would cause someone to hit another Hazelwood School District v. Kuhlmeier Student Speech: Indecent or vulgar speech Speech in school newspapers, plays and school related activities. See also Tinker v. Des Moines School District (1969)

Freedom of the Press 2 issues No prior restraint. Prior restraint is forbidding the expression of ideas before they expressed. Congress could make up a list of what could not be expressed. Shield Laws: no national shield law allowing press keep sources secret. See: New York Times Co. v. United States (1971)