CHAPTER 13, SECTION 3 FREEDOM OF SPEECH

TYPES OF SPEECH Pure speech – verbal expression of thought and opinion before an audience that has chosen to listen Most common form SC traditionally provides strongest protection of pure speech against govt. control

TYPES OF SPEECH CONT. Symbolic speech – (aka expressive conduct) – involves actions and symbols instead of words to express opinions Can you think of examples of symbolic speech? b/c it involves actions it can be subject to govt. restrictions  SC ruled it cannot danger public safety

TYPES OF SPEECH CONT. SC follows 3 part test to review expressive conduct cases est. during United States v. O’Brien Govt. can regulate if the regulation… falls under the constitutional power of the govt. Furthers a govt. interest unrelated to suppression of free speech Leaves open alternative channels of communication

REGULATING SPEECH Some regulation of speech exists to protect society Seditious speech – any speech urging resistance to lawful authority or advocating overthrow of govt. How far should this go? SC has developed 3 tests to establish limits on free speech “clear and present danger” rule Bad tendency doctrine Preferred position doctrine – speech, press, religion

REGULATING SPEECH CONT. Clear and Present Danger When speech in question clearly presents immediate danger it is not protected Bad Tendency Doctrine Restricts more speech than clear and present danger Speech can be restricted if it has a tendency to lead to illegal action Preferred Position Doctrine 1 st amendment freedoms are more fundamental than other freedoms b/c they’re the basis for all liberties Laws restricting 1 st amendments rights should be presumed unconstitutional unless govt. can show it’s absolutely necessary

OTHER SPEECH NOT PROTECTED 1 st amendment doesn’t protect defamatory speech – false speech that damages a person’s reputation Two categories Slander - spoken Libel – written Fighting Words Language that provokes immediate violence in a public space is not protected Student Speech can be restricted School officials can suspend students for “lewd or indecent” speech at school events School officials can regulate student speech in school- sponsored activities b/c it’s part of the curriculum