1. FREEDOM OF SPEECH

2. WHERE IN THE CONSTITUTION?
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.
Prohibits Congress from restricting the rights of individuals to speak freely.

3. ORIGIN FROM ENGLISH COMMON LAW
Originated in English Parliament
House of Commons speaker would make a plea for the king not to kill him for the things he said in his duties
Gradually evolved into a general right of the parliament granted by the king of free speech
View later turned into free speech in parliament was a right the king could not interfere with
When colonists came to America they set up the government in the same way with the only difference being that legislators would not be protected from criticism from the people. Since that would be against the spirit of America.

5. LIST OF CASES
Chaplinsky v. New Hampshire (1942) – 9-0 decision that the use of fighting words in a public place breachs the state of peace.
United States v. O’Brien (1968)- O’ Brien burned his draft card at a Boston; 7-1 decision that law against this was constitutional
Bible and Tract Society v. Stratton (2002)- determined in a 8-1 decision you had to have a permit to go door to door with religious speeches
Virginia v. Black (2003)- cross-burning was an unconstitutional because it is a content-based restriction on free speech.
Ashcroft v. ACLU (2004) 5-4 decision that the Child On-Line Protection Act violated the First Amendment because it resulted in content-based restrictions on speech.

6. SCHENCK V. UNITED STATES
Argued January 9-10, 1919
Ended March 3, 1919
Schenck, a communist, mailed letters to draftees urging them to “not submit to intimidation” and stated that the draft was a monstrous wrong. Schneck was charged with attempting to cause insubordination in the military obstruct recruitment.

7. SCHENCK V. UNITED STATES RULING
Justice Oliver Holmes wrote the majority opinion for the unanimous court saying that Schenck is not protected in this situation because he was advocating the breaking of the law.
This case set the precedent of some things being acceptable during peacetime and not during wartime.

9. DEBS V. UNITED STATES Argued January 27, 1919 Ended March 10, 1919
Eugene Deb’s gave a speech encouraging soldiers to dodge the draft. He was arrested due to the Espionage Act of 1917 which banned anything that would obstruct the recruitment and the operation of the military. Debs claimed that the Espionage Act of 1917 infringed on his right to free speech.

11. DEBS V. UNITED STATES RULING
The supreme court ruled that the Espionage Act of 1917 is not infringing on Debs right to free speech.
The court ruled that this was similar to Schenck V. United States in that he was encouraging people to break the law in avoiding the draft and obstructing the goals of the military during war time.
Based off of the precedence that Schneck V. United States set

12. WEST VIRGINIA V. BARNETTE
Argued March 11, 1943
Decided June 14, 1943
West Virginia passed a law requiring students to participate in activities relating to supporting Americanism such as the pledge of allegiance. Walter Barnette along with several Jehovah’s Witnesses sued the school.
Started in district court

14. WEST VIRGINIA V. BARNETTE RULING
The law was overturned in a 6-3 vote
Majority opinion written by Justice Jackson stating that now law “can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith”
Justices Black and Murphy wrote concurring opinions for the reasons that the words under compulsion are not meant and the there is not really a purpose for this law respectively.

15. BRANDENBURG V. OHIO Argued February 27, 1969 Decided June 9, 1969
A KKK leader, Brandenburg, made a racist speech at a rally and was convicted under an Ohio Criminal syndicalism law
Law made advocating terrorism, sabotage, violence, and other things of that ilk illegal
Law also made assembling a society to teach criminal syndicalism illegal

17. BRANDENBURG V. OHIO RULING
Per Curium opinion of court ruled that the Ohio law violated Brandenburg’s right to free speech
The Court stated that the law was too broad since it ignored whether or not the speech actually caused any criminal activity
Set the precedent of non wartime free speech
Two concurring opinions were written by Justices Black and Douglas which stated that the law was too vague and there is no proof of action respectively

18. MORSE V. FREDERICK Argued March 19, 2007 Decided June, 25 2007
Joseph Frederick, a high school student, held up a sign saying “Bong Hits for Jesus”
This sign was against the school’s drug policy and Frederick was suspended for 10 days
Frederick sued for infringement of free speech

20. MORSE V. FREDERICK RULING
5-4 vote against Frederick
Majority opinion by Justice John Roberts stated that while students are entitled to some political speech, it does not apply to pro-drug messages that undermine a school's anti-drug policy
Set a precedent for limited free speech for students
Concurring opinions written by Judges Thomas and Alito stated that students have no right to free speech and that this case only applies to pro-drug speech respectively
Justice Stevens wrote a dissent stating that even high school students are entitled to unfettered right to debate

21. MORSE V. FREDERICK RULING
Was taken through the 9th circuit
5-4 decision to uphold the schools decision
Majority opinion written by Justice John Roberts
Majority opinion stated that student’s free speech rights are not as extensive as free speech rights that adults enjoy
Also stated that students have some right to political speech however this does not extend to pro-drug messages
Justice Thomas and Justice Alito both wrote concurring opinions that stated that students should have no free speech and that this ruling only applies to pro-drug political speech respectively

22. Works Cited
"West Virginia State Board of Education v. Barnette." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 26,
Opinion of the Court, West Virginia State Board of Education v. Barnette, 319 U.S. 624 (June 14, 1943) - Robert H Jackson Center. N.p., n.d. Web. 26 Sept
"Debs v. United States." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 26,
"." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 26,
"Brandenburg v. Ohio." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 26,
"Brandenburg v Ohio." Brandenburg v Ohio; N.p., n.d. Web. 26 Sept. 2016
"Morse v. Frederick." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Sep 26,
"MORSE v. FREDERICK." MORSE v. FREDERICK; N.p., Web. 26 Sept
David S. Bogen, The Origins of Freedom of Speech and Press, 42 Md. L. Rev. 429 (1983)
"First Amendment." LII / Legal Information Institute. N.p., n.d. Web. 28 Sept
“Freedom of Speech: General - Bill of Rights Institute." Bill of Rights Institute. N.p., n.d. Web. 28 Sept