1. Limits on 1 st Amendment rights of Freedom of Expression Just because we have “freedom of speech” doesn’t mean we can say anything we want any time we want. There are a few general tests to determine if the speech is protected by the 1 st Amendment or not protected: – Clear & Present Danger – Libel & Slander – Time, Place & Manner

2. Limits on Freedom of Expression Clear & Present Danger – The 1 st Amendment protects words/sayings if there is a “clear and present danger” that is being identified – The 1 st Amendment does not protect statements when there is no obvious “clear and present danger” – The 1 st Amendment does not protect statements that are uttered to provoke violence, illegal action, or create a dangerous situation. – For example… you can’t yell “Fire!” in a crowded theater if there is no fire. – For example… you can’t talk about a “bomb” at airport security if there is no bomb.

3. Limits on Freedom of Expression Libel & Slander – The 1 st Amendment only protects truthful statements – The 1 st Amendment does not protect purposely untruthful statements – The 1 st Amendment does not protect slander or libel – Spreading lies verbally (slander) or through the press (libel) that damage or defame the reputation of someone or an organization – For example…you can’t lie about someone stealing from the work place that causes her to lose her job – For example… you can’t knowingly lie about a situation in the news

4. Limits on Freedom of Expression Time, Place, & Manner – The 1 st Amendment protects speech (both symbolic and actual speech) that is appropriate in its time, place, & manner – The 1 st Amendment does not protect speech communication that is uttered in an inappropriate context (wrong place, wrong time, in the wrong way). – For example…you can’t play extremely loud music outside your neighbor’s house at 3am and call it freedom of speech/expression – For example…you can’t block the emergency entrance to a hospital to protest hospital policies and call it freedom of speech