Chapter 19:iii 1st Amendment Freedom of Speech and Press

First Amendment rights can be sub-divided into two major categories: 1. Personal freedoms 2. Democratic freedoms

Personal Freedoms the ultimate in individual liberty: the right to believe what you want to believe best example: religious freedom

Democratic Freedoms freedoms which are necessary for the proper functioning of a democracy

Examples of Democratic Freedoms Freedom of Speech Freedom of the Press Right of Petition Right to Assemble Freedom of Association

Are there limits to the freedom of speech?

The Supreme Court has developed tests to decide when a person’s speech is or is not protected by the First Amendment.

“Clear and present danger” freedom of speech is not absolute if it creates a dangerous situation (panic)

The freedom of speech does not allow one to: -cry “Fire!” in a crowded theatre -yell “Hijack!” on an airplane

“Dangerous tendency” certain types of speech are illegal if they have the potential to lead to substantive evil legislative bodies may pass laws that limit such speech

governments may regulate public assemblies in order to keep the peace governments must consider all requests for assembly equally Principles governing the right to assembly

Do the police have the right to step in and stop a demonstration if it turns violent?

Libel the act of knowingly writing false and damaging statements about a person

Does the government have the right to suppress news stories that are potentially embarrassing or might harm national security?

National Security

Obscenity obscene works are not protected under freedom of speech

Obscenity guidelines: 1. The average person must find the work has a tendency to excite lustful thoughts. 2. The work depicts a sexual conduct in an offensive way. 3. The work must “lack serious literary, artistic, political, or scientific value.”