1. Freedom of Speech

2. First Amendment
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

3. Free speech lies at the heart of our democracy

4. Allows us to:
Express opinions
Disagree with government without fear of retaliation

5. Also protects right to right to hear controversial or alternate opinions

6. Types of Speech

7. Pure Speech
Expression of an opinion before a willing audience

8. Occurs in private homes or with peers
Government control is extremely rare

9. Speech Plus
Speech accompanied with demonstrations and parades

10. Can be regulated
HOW?

11. You can protest with signs and speeches, but cannot:
Block sidewalks
Harass people
Endanger pedestrians

12. Symbolic Speech
Nonverbal communication through use of symbols

13. Yellow ribbons – used to support our troops, but it is also a symbol for MIA/POW
Red ribbons – AIDs awareness

14. Some symbolic speech is protected, some isn’t

15. United States v. O’Brien, 1968
Cannot burn draft cards to protest war

16. Tinker v. Des Moines, 1969
Can wear black armband to protest war

17. Texas v. Johnson, 1989
Can burn the American Flag in protest

18. Tests of Free Speech

19. Clear & Present Danger
Schenck v. United States, 1919

20. Schenck urged men to resist draft

21. Supreme Court ruled:
Urging people to resist draft posed “clear and present danger that. . . Will bring about. . . Evils that Congress has the right to prevent.”

22. Classic Example;
Cannot yell “FIRE!!” in a crowded room

23. Tendency
Gitlow v. New York, 1925

24. Gitlow was circulating anti-government literature
This is restricted because it had “tendency” to lead to illegal action

25. Balancing
Court must balance rights of the individual to freely express their opinions against need to maintain order and tranquility

26. Incitement
Speech is prohibited only when it is intended to incite or actually produce immediate lawlessness

27. In short…..
Government power to regulate what people say is limited

28. Regulations can be placed on time, place, manner of speech

29. Cities can require permits for protests

30. Government cannot favor some ideas or groups over others – no matter how unpopular

31. Some speech is not protected at all
Unprotected Speech
Some speech is not protected at all

32. Defamatory Speech
If a statement damages another person’s reputation or influences others not to associate with them

33. Must be untrue with intent to do harm
&
actual harm must occur
Two types
1. Libel – printed
2. Slander – spoken
Publish a lie, knowing it’s a lie, with intent to do harm
Can lead to
actual malice

34. Fighting Words
Attempts to provoke a fight

35. Chaplinsky v. New Hampshire, 1942
Words “having a direct tendency to cause acts of violence by the persons to whom, individually, the remark is addressed

36. Seditious Speech
Speech that advocates overthrowing the government or resisting lawful authorities

37. Restricted because it relates directly to national security

38. 1798 – Alien & Sedition Act
Crime to say false or malicious statements against the government with intent to do it harm
So many people oppose it – it’s done away with

39. 1917 – Espionage Act4
Crime to write or say anything negative about the government

40. 1940 – Smith Act
Outlawed teaching of or advocating to forceful overthrow of the government or joining a group with that goal

41. Dennis v. United States, 1951
Upheld convictions of several Communist Party leaders

42. Yates v. United States, 1957
Smith Act can only be applied to those who teach or advocate an action, not a belief