1. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
Civil Liberties part 2
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

2. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
FREEDOM of SPEECH
Democracy depends on free expression of ideas.
“The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained
but by despotic governments.”
~ Declaration of Rights Virginia, 1776
The 1st Amendment
Congress shall make no law . . .
abridging the freedom of speech, or of the press
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

3. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
FREEDOM of SPEECH
“I read no law abridging to mean
no law abridging”
Hugo Black
Supreme Court Justice 1937–1971
“The most stringent protection of
free speech would not protect a
man in falsely shouting ‘fire’ in
a theater and causing a panic.”
Oliver Wendell Holmes
Supreme Court Justice 1902–1932
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

4. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
FREEDOM of SPEECH
Key Issues
Balancing of freedom of expression with values such as:
Need for public order
National security
Right to a fair trial
Equality & Fairness
And what exactly constitutes “speech”?
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

5. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
FREEDOM of SPEECH
“The true meaning of freedom of speech seems to be this.
One of the most important purposes of society
and government is the discovery and spread of truth
on subjects of general concern. This is possible only
through absolutely unlimited discussion . . .
Nevertheless, there are other purposes of government,
such as order, the training of the young, protection
against external aggression.
Unlimited discussion sometimes interferes with these purposes, which must then be balanced against freedom of speech, but freedom of speech ought to weigh very heavily in the scale.”
- Zechariah Chafee – Harvard Professor of Law
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

6. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
FREEDOM of SPEECH
Prior Restraint
Case?
Near v. Minnesota (1931)
Newspapers protected from prior restraint
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

7. Schenck v. United States (1919) “Clear and present danger” test
FREEDOM of SPEECH
Public Order
Case?
Schenck v. United States (1919)
“Clear and present danger” test
Now . . .
“Imminent lawless action”
Upheld conviction of a Socialist encouraging draft resistance
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

8. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
FREEDOM of SPEECH
National Security & Prior Restraint
Case?
NY TIMES v. UNITED STATES (1971)
NY Times v. United States (1971)
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

9. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
FREEDOM of SPEECH
Obscenity
Cases?
Roth v. United States (1957)
“utterly without redeeming social importance”
Miller v. California (1973)
. . . not protected speech
. . . use community standards
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

10. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
FREEDOM of SPEECH
Libel & Slander
Case?
Actual malice
&
Reckless disregard for the truth
v. Sullivan (1964)
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

11. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
FREEDOM of SPEECH
Symbolic Speech
Mary Beth & John Tinker (1965)
Texas v. Johnson (1989)
Threat = No No
Symbolic Expression = OK
Flag burning
= symbolic expression
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

12. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
FREEDOM of ASSEMBLY
Back to . . .
Balancing of freedom with values such as:
Need for public order
Freedom of others not to be bothered
Has resulted in the following constitutional limits / restrictions:
Time
Place
Manner
AP U.S. GOVERNMENT & POLITICS – Civil Liberties