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1 st Amendment Part 1. What is Speech? Prohibited (Not Allowed) Speech obscene language (curse words) perjury (lying under oath) bribery speech that.

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Presentation on theme: "1 st Amendment Part 1. What is Speech? Prohibited (Not Allowed) Speech obscene language (curse words) perjury (lying under oath) bribery speech that."— Presentation transcript:

1 1 st Amendment Part 1

2 What is Speech?

3 Prohibited (Not Allowed) Speech obscene language (curse words) perjury (lying under oath) bribery speech that incites violence time, place, manner – Ex. shouting “fire” in crowded theater

4 First 150 years Alien and Sedition Acts of 1798 made it a crime to criticize the govt Supreme Court used Process of Incorporation to apply 1 st Amendment to states they needed to come up with standards on how to rule

5 Clear and Present Danger (1919) during WW1, speech could be prohibited if there was a “clear and present” danger that it would lead to harm

6 Marketplace of Ideas Justice Oliver Wendell Holmes speech and ideas should not be banned; they should be allowed to compete against each other like products in a market

7 Individual Growth Justice Louis Brandeis speech should remain unrestricted as a means to individual growth and as defense against irrational fears Salem Witch Trials

8 Just For Thought Why should we protect speech? Have we gone too far?


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