limits on freedom of speech take notes on cornell notes sheets. it is recommended that you copy what...
TRANSCRIPT
Limits on Freedom of Speech
• Take notes on Cornell notes sheets.• It is recommended that you copy what is
written in red.
Five parts of the First Amendment
• Freedom of Speech• Freedom of Religion• Freedom of Assembly• Freedom of the Press• Freedom to Petition the Government
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?
Supreme Court
Two Types of Speech
Types of Speech
Pure Speech
Verbal expression of thought and opinion
before an audience that has chosen to listen
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
Pure Speech
Students discussing their Political Science class on
college campus
Family discussing the things they like and dislike about
living in America
Pure Speech
Barack Obama giving a speech to a large crowd while
running for president
Football coach giving a pre-game speech
Types of Speech
Symbolic
Speech
The use of actions and symbols, in
addition or instead of words, to express
opinions
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
Symbolic Speech
Symbolic Speech
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?
Clear and Present Danger=
• If the public’s safety is put in danger
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
First Amendment also does not protect…
Defamatory Speech- false speech that damages a person’s
good name, character or reputation
Defamatory Speech
Libel= written
i.e. Journalist purposefully writing lies about a public figure; makes up that a politician is cheating on his wife
Slander= spoken
i.e. Telling people at the workplace a lie about a co-worker; saying they have a drug problem
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
Limits on Free Speech
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.
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.
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
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
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.