We need to protect not free thought for those who agree with us, but freedom for the thought we hate.” --Oliver Wendell Holmes, Jr.

Freedom of Speech Designed to protect ideas that may be unpopular or different Definition is not the same for everybody Covers not just spoken word…… Writing Communication over airwaves Printing Actions

Categories of Speech Pure Speech – peaceful expression of thought and opinion before a willing audience Is this protected ?

Categories of Speech Pure Speech – peaceful expression of thought and opinion before a willing audience Speech Plus – verbal expression with some sort of action Cannot Obstruct traffic Block sidewalks Endanger public safety

Categories of Speech Pure Speech – peaceful expression of thought and opinion before a willing audience Speech Plus – verbal expression with some sort of action Symbolic Speech – nonverbal expressions

Limits on Freedom of Speech No rights are absolute You are not allowed to express whatever you want, whenever you want, where ever you want. Obscenities Slander/Libel Threaten or inspire immediate breach of peace “…such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.” Chaplinsky v. New Hampshire 1942

Limits on Freedom of Speech Free speech must be balanced with the needs of society to protect itself from unreasonable conduct Regulation of Time and Place of Speech Commercial Speech Restricting false advertising Restricts cigarette ads on radio/tv