1. Freedom of Speech
GOVT Notes 6-3

2. Freedom of Speech
the right to express any opinions without censorship or restraint

3. Freedom of Speech

4. Restrictions on Free Speech
Can people say anything they want? Or can speech be limited under certain circumstances?
Sedition: speech that criticizes government is sometimes restricted
Treason: crime of betraying one’s country
Too unpatriotic, too radical, too dangerous
Sedition: speech that criticizes Govt is sometimes restricted
Smith Act (1940): illegal to advocate the violent overthrow of Govt OR BELONG TO A GROUP THAT DOES
Treason: crime of betraying one’s country, usually by overthrowing Govt or killing the leader/King, etc
Leads to Clear and Present Danger: (Schnenck v. U.S. and Abrams v. U.S. – 1919)
EX: yelling “Fire!” in a crowded theater, or saying bomb on an airplane
Court also says free speech should be protected even if it makes people angry

5. Restrictions on Free Speech
Leads to Clear and Present Danger:
EX: yelling “Fire!” in a crowded theater
Too unpatriotic, too radical, too dangerous
Sedition: speech that criticizes Govt is sometimes restricted
Smith Act (1940): illegal to advocate the violent overthrow of Govt OR BELONG TO A GROUP THAT DOES
Treason: crime of betraying one’s country, usually by overthrowing Govt or killing the leader/King, etc
Leads to Clear and Present Danger: (Schnenck v. U.S. and Abrams v. U.S. – 1919)
EX: yelling “Fire!” in a crowded theater, or saying bomb on an airplane
Court also says free speech should be protected even if it makes people angry

6. Restrictions on Free Speech
Leads to Imminent Lawless Action:
likely to incite or produce violence (crime, sabotage, terrorism)
Bad Tendency Test:
if an action is illegal, so is speech that leads to that action (murder)

7. Freedom of Speech

8. Symbolic Speech Nonverbal speech or actions that express an idea
EX: Sit-ins, flag waving, demonstrations, and wearing clothes or symbols

9. Limits on Symbolic Speech
Tinker v. Des Moines (1969)
Students can wear armbands to protest war
Tinker v. Des Moines (1969) – Tinker family were peace activists. Tinker students and some others wanted to wear black arm bands to protest Vietnam War. School banned the arm bands and would punish with suspension and removal of arm band. Court rules Students can wear armbands to protest Vietnam War. Students do not give up 1st amendment rights just because they are on school campus. Didn’t interfere with school operations
U.S. v. O’Brien (1968) – Illegal to burn draft cards, property of federal Govt. David O’Brien burned his draft card to express opposition to the Vietnam War. Convicted under federal law for destruction of draft card. Did this infringe on his free speech? Court said…it’s illegal to burn draft card, because you are hindering govt ability to raise an army, which govt is allowed to do. And destroying govt property
Texas v. Johnson (1989) – Johnson burned U.S. flag in front of Dallas City Hall to protest Reagan administration policies during Republican Convention, he was convicted of flag desecration, a Texas law. Court rules Legal to burn U.S. Flag to protest U.S. Govt policies. In this case Johnson did not disturb the peace. Fact that audience may take offense to speech doesn’t justify prohibiting speech. Govt cant prohibit ideas just because society finds it offensive. Most Americans disagree with Supreme Court decision.
U.S. v. Eichman (1990)
Virginia v. Black (2003) – Burning crosses legal at a political rally. Cross burning is not evidence of intent to intimidate. KKK is allowed to have and display a message of their ideology and be protected by 1st amendment. 1st amednment applies to all people even Ku Klux Klan

10. Limits on Symbolic Speech
U.S. v. O’Brien (1968)
Illegal to burn draft cards
Tinker v. Des Moines (1969) – Tinker family were peace activists. Tinker students and some others wanted to wear black arm bands to protest Vietnam War. School banned the arm bands and would punish with suspension and removal of arm band. Court rules Students can wear armbands to protest Vietnam War. Students do not give up 1st amendment rights just because they are on school campus. Didn’t interfere with school operations
U.S. v. O’Brien (1968) – Illegal to burn draft cards, property of federal Govt. David O’Brien burned his draft card to express opposition to the Vietnam War. Convicted under federal law for destruction of draft card. Did this infringe on his free speech? Court said…it’s illegal to burn draft card, because you are hindering govt ability to raise an army, which govt is allowed to do. And destroying govt property
Texas v. Johnson (1989) – Johnson burned U.S. flag in front of Dallas City Hall to protest Reagan administration policies during Republican Convention, he was convicted of flag desecration, a Texas law. Court rules Legal to burn U.S. Flag to protest U.S. Govt policies. In this case Johnson did not disturb the peace. Fact that audience may take offense to speech doesn’t justify prohibiting speech. Govt cant prohibit ideas just because society finds it offensive. Most Americans disagree with Supreme Court decision.
U.S. v. Eichman (1990)
Virginia v. Black (2003) – Burning crosses legal at a political rally. Cross burning is not evidence of intent to intimidate. KKK is allowed to have and display a message of their ideology and be protected by 1st amendment. 1st amednment applies to all people even Ku Klux Klan

11. Limits on Symbolic Speech
Texas v. Johnson (1989)
Legal to burn U.S. Flag to protest U.S. Govt policies
Tinker v. Des Moines (1969) – Tinker family were peace activists. Tinker students and some others wanted to wear black arm bands to protest Vietnam War. School banned the arm bands and would punish with suspension and removal of arm band. Court rules Students can wear armbands to protest Vietnam War. Students do not give up 1st amendment rights just because they are on school campus. Didn’t interfere with school operations
U.S. v. O’Brien (1968) – Illegal to burn draft cards, property of federal Govt. David O’Brien burned his draft card to express opposition to the Vietnam War. Convicted under federal law for destruction of draft card. Did this infringe on his free speech? Court said…it’s illegal to burn draft card, because you are hindering govt ability to raise an army, which govt is allowed to do. And destroying govt property
Texas v. Johnson (1989) – Johnson burned U.S. flag in front of Dallas City Hall to protest Reagan administration policies during Republican Convention, he was convicted of flag desecration, a Texas law. Court rules Legal to burn U.S. Flag to protest U.S. Govt policies. In this case Johnson did not disturb the peace. Fact that audience may take offense to speech doesn’t justify prohibiting speech. Govt cant prohibit ideas just because society finds it offensive. Most Americans disagree with Supreme Court decision.
U.S. v. Eichman (1990)
Virginia v. Black (2003) – Burning crosses legal at a political rally. Cross burning is not evidence of intent to intimidate. KKK is allowed to have and display a message of their ideology and be protected by 1st amendment. 1st amednment applies to all people even Ku Klux Klan

12. Limits on Symbolic Speech
Virginia v. Black (2003)
Burning crosses legal at a political rally
Tinker v. Des Moines (1969) – Tinker family were peace activists. Tinker students and some others wanted to wear black arm bands to protest Vietnam War. School banned the arm bands and would punish with suspension and removal of arm band. Court rules Students can wear armbands to protest Vietnam War. Students do not give up 1st amendment rights just because they are on school campus. Didn’t interfere with school operations
U.S. v. O’Brien (1968) – Illegal to burn draft cards, property of federal Govt. David O’Brien burned his draft card to express opposition to the Vietnam War. Convicted under federal law for destruction of draft card. Did this infringe on his free speech? Court said…it’s illegal to burn draft card, because you are hindering govt ability to raise an army, which govt is allowed to do. And destroying govt property
Texas v. Johnson (1989) – Johnson burned U.S. flag in front of Dallas City Hall to protest Reagan administration policies during Republican Convention, he was convicted of flag desecration, a Texas law. Court rules Legal to burn U.S. Flag to protest U.S. Govt policies. In this case Johnson did not disturb the peace. Fact that audience may take offense to speech doesn’t justify prohibiting speech. Govt cant prohibit ideas just because society finds it offensive. Most Americans disagree with Supreme Court decision.
U.S. v. Eichman (1990)
Virginia v. Black (2003) – Burning crosses legal at a political rally. Cross burning is not evidence of intent to intimidate. KKK is allowed to have and display a message of their ideology and be protected by 1st amendment. 1st amednment applies to all people even Ku Klux Klan

13. Limits on Speech
Fighting Words:
not protected free speech

14. Limits on Speech Obscenity or Pornography:
Often allowed if it has literary, artistic, political, or scientific values

15. Freedom of Speech

16. Limits on Speech Freedom of Assembly:
parades, marching, picketing all usually protected (related to symbolic speech)

17. Video – PBS on the 1st Amendment