1. Limits on Freedom of Speech
Take notes on Cornell notes sheets.
It is recommended that you copy what is written in red.

2. Five parts of the First Amendment
Freedom of Speech
Freedom of Religion
Freedom of Assembly
Freedom of the Press
Freedom to Petition the Government

3. Question: What is speech?
Are students who wear black armbands protesting a school policy engaging in “speech”?
Is demonstrating in front of a government building a form of speech?
Is standing up on an airplane and yelling “bomb!” free speech?

4. Supreme Court
Two Types of Speech

5. Types of Speech Pure Speech
Verbal expression of thought and opinion before an audience that has chosen to listen

6. Pure Speech It is the most common form of speech
Pure speech may be delivered calmly in the privacy of one’s home
Or it can be delivered passionately in front of a crowd

7. Students discussing their Political Science class on college campus
Pure Speech
Students discussing their Political Science class on college campus
Family discussing the things they like and dislike about living in America

8. Football coach giving a pre-game speech
Pure Speech
Barack Obama giving a speech to a large crowd while running for president
Football coach giving a pre-game speech

9. Types of Speech Symbolic Speech
The use of actions and symbols, in addition or instead of words, to express opinions

10. Symbolic Speech Examples of symbolic speech
During Vietnam War (1960s-early 70s), protestors burned their draft cards to express their opposition to the war
The burning of the American flag to show displeasure with U.S. government
Wearing a black armband or bandana to protest a war

11. Symbolic Speech

12. Symbolic Speech

13. But free speech has its limits
Both Pure Speech and Symbolic Speech have their limits
If a person’s free speech presents a clear and present danger, then the First Amendment does NOT protect it
But what defines a clear and present danger?

14. Clear and Present Danger=
If the public’s safety is put in danger

15. Examples of Clear and Present Danger
1) Shouting “Fire” in a crowded theater
2) Screaming “I have a bomb” on a plane
3) Passing out leaflets (flyers) to recruit people interested in planning an attack against the U.S. Government
4) Lighting a large pile of American flags in a public park or on a crowded sidewalk

16. First Amendment also does not protect…
Defamatory Speech- false speech that damages a person’s good name, character or reputation

17. Defamatory Speech Slander= spoken Libel= written
i.e. Telling people at the workplace a lie about a co-worker; saying they have a drug problem
Libel= written
i.e. Journalist purposefully writing lies about a public figure; makes up that a politician is cheating on his wife

18. Freedom of Speech
The 1st Amendment protects both pure and symbolic speech UNLESS it creates a clear and present danger
Then it is not protected under 1st amendment
Most speech is protected but not ALL

19. Limits on Free Speech

20. 1. Causing Disruption in Schools
While freedom of speech in school for students is protected, speech that causes a disruption in school is not.
Example: Shouting in the hallways.

21. 2. Creating a Clear and Present Danger
If the public’s safety is put in danger by speech, that speech is not protected
Example: Screaming “I have a bomb” on a plane.

22. Slander = spoken Libel = Written 3. Defamatory Speech
False speech that damages a person’s good name, character, or reputation is called defamatory speech, and it is not protected.
Example: A journalist makes up and writes lies about a public figure.
Slander = spoken
Libel = Written

23. 4. Obscenity Obscenity can also be limited.
Obscenity is when an average person using average standards thinks something is inappropriate or gross.
Or, use the SLAPS test: the speech lacks serious literary, artistic, political or scientific value.
Example: Child pornography

24. 5. “Fighting Words”
Words that threaten people or are extremely likely to cause an immediate breach of the peace or fight.
Example: Words that threaten someone, basically assault.