1. What type of Speech is protected and what kind is not protected?

2.  Pure Speech  Verbal expression of thought and opinion before an audience that has chosen to listen.  Symbolic Speech (expressive conduct)  Involves using actions and symbols to express opinions.  Burning draft cards  Burning U.S. Flag  Which type of Speech might be subject to more government restrictions. Why?

3.  Supreme Court has ruled:  That freedom of speech does not permit expressive conduct that endangers public safety.  United States vs O’Brien established 3 part test. 1. Falls within the constitutional power of gov. 2. Is Narrowly drawn to further substantial gov. interest that is unrelated the suppression of free speech 3. Leaves open ample alternative channels of communication

4.  Speech can be limited if it present a “clear and present danger” ( Schenck vs. U.S.)  Supreme Court Cases  Dennis vs. United States  Yates vs United States  Brandenburg v. Ohio

5.  Defamatory Speech –false speech that damages a persons good name.  Slander – spoken  Libel – written  Someone may be sued in civil court and ordered to pay damages for making false, damaging statements about someone else.  Hustler Magazine vs. Falwell

6.  Supreme Court has limited student speech as well.  Bethel School District vs. Fraser  Hazelwood School District vs. Kihlmeier