Freedom of Speech. Types of Speech. Pure Speech can be Calm Passionate Private Public Supreme Court has provided the strongest protection. Supreme Court has provided the strongest protection for pure speech. Types of Speech. Symbolic Speech (can be “Expressive Conduct”) Actions
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Pure Speech can be
Supreme Court has provided the strongest protection.
Supreme Court has provided the strongest protection for pure speech.
Symbolic Speech (can be “Expressive Conduct”)
Limited if public safety is endangered.
An individual’s Right to Privacy will triumph over your Freedom of Speech.
The Flag Burning Amendment
never passed. Flag burning is an
acceptable form of expression.
Seditiousspeech is prohibited.
“Clear and Present Danger” Doctrine
(in time of war, things may be different)
“When a nation is at war many things that might be said in time of peace … will not be endured …”
Justice Oliver Wendell Holmes, Jr. (1919)
“Bad Tendency” Doctrine
Example: Yelling “Fire” in a crowded theater.
“Preferred Position” Doctrine
(1st Amendment freedoms are more fundamental than other freedoms)
The government must show that
it is absolutely necessary to limit
Freedom of Speech.
Primacy of Position
Dennis v. United States(1951)
Court upheld conviction of 11 communist party leaders who advocated revolution.
Middle of McCarthy\'s
Yates v. United States(1957)
Court overturned convictions of several communist party leaders.
Expressing an opinion that the government should be overthrown is different from urging people to take action.
Brandenburg v. Ohio (1969)
Court ruled in favor of a Ku Klux Klan leader.
While he advocated use of force in general, he did not urge “immediate and concrete acts of violence” against a specific target.
False speech that damages a person’s good name, character, or reputation.
Slander – Spoken
Libel – Written
For slander and libel the key is:
knowledge that it was false?
2. Was the statement made with reckless disregard of whether it was false or not? (A newspaper must verify its sources.)
NOTE: For public officials or public figures(pastors, athletes, entertainers, etc.) the rules can be very different.
These kinds of people thrive
on public notice or notoriety.
Offensive, derisive, annoying, etc.
Words that “by their very utterance inflict injury or tend to incite an immediate breach of the peace.”
Know this case!
Tinker v. Des Moines School District (1969)
Students do not give up
their rights to free speech
while in school. (Students won.)
Students were wearing black arm bands in opposition to Vietnam War.
Mary Beth and John Tinker
(sister 13, brother 15)
Know this case!
Bethel School District v. Fraser(1986)
School districts may suspend students for lewd or indecent speech at school events, even though the same speech would be protected outside the school.
School officials can decide what
manner of speech is appropriate.
At a school assembly / election, student gave a sexually suggestive campaign speech.
Know this case!
The Supreme Court says that schools have broad authority to regulate student speech in school-sponsored newspapers, theatrical productions, and other activities. These things are “part of the curriculum,” not an individual’s personal expression of thought.
Hazelwood v. Kuhlmeier (1988)
Principal stopped publication of
a student newspaper with an article
Therefore, the school could legally prohibit:
The school newspaper, plays, talent shows, etc. are intended to train students to work in those areas (i.e., “part of the curriculum”).
Instead of Political Articles for next week - - -
Write an analysis of the Supreme Court’s positions on student’s speech rights. Quote from Tinker, Kuhlmeier, & Fraser but don’t just copy-&-paste. (Find Fraser’s speech, etc.)
Must be: Typed, single spaced, 12 point font
Minimum of 2 full pages
Cite your sources on a separate page at the end.
Due Date: Tuesday, October 13 (after 4 day break)
Weight: One test grade