section 3 introduction-1 freedom of speech key terms pure speech, symbolic speech, seditious speech,...

Freedom of Speech

Key Terms

pure speech, symbolic speech, seditious speech, defamatory speech, slander, libel

Find Out

• What speech is protected by the First Amendment, and what speech is not protected?

• How has the Supreme Court applied the principles of “clear and present danger” and the bad tendency doctrine in determining free speech?

Freedom of Speech

Understanding Concepts

Civil Liberties What is the intent of the preferred position doctrine?

Section ObjectiveExplain how the First Amendment protects diversity of opinion in the United States.

More than 2,000 years ago, a Greek philosopher named Diogenes said, “The most beautiful thing in the world is free speech.” Just as ancient Greece valued freedom of speech, United States citizens also regard it as one of their most fundamental rights. In fact, the nation’s founders included this freedom as a basic part of the first amendment they added to the Constitution.

A. Free speech includes verbal expression of thought and opinion and symbolic speech, using actions and symbols.

I. Types of Speech (pages 366–367)

B. Because symbolic speech involves action, it may be limited by government restrictions that do not apply to free speech.

C. Government can regulate or forbid symbolic speech if it falls within the constitutional power of government, if it is narrowly drawn to further a government interest not related to suppressing speech, or if it leaves open enough other channels of communication.

Compare pure speech and symbolic speech. In what ways are they similar? In what ways are they different?

Pure speech is verbal expression; symbolic speech is actions and symbols; both are protected by the First Amendment.

I. Types of Speech (pages 366–367)

A. The rights of free speech must be balanced against the need to protect society.

II. Regulating Speech (pages 367–369)

B. Free speech may be limited when it clearly presents an immediate danger, as in the Schenck case (1919).

C. Free speech can be restricted even if it only tends to lead to illegal action (the bad tendency doctrine), given society’s need to maintain public order.

D. The Court has ruled that the First Amendment freedoms have a preferred position because they are more fundamental than other freedoms; laws limiting them are presumed unconstitutional.

E. The Court has held that people are free to speak out in support of political objectives; however, free speech does not protect those who advocate immediate and specific acts of violence.



What three constitutional tests has the Supreme Court used when deciding whether limits on free speech are permissible?

“Clear and present danger” rule, bad tendency doctrine, preferred position doctrine.

A. The First Amendment does not protect defamatory speech.

III. Other Speech Not Protected (pages 369–370)

B. Defamatory speech includes slander, or spoken words, and libel, or written words, in false and damaging statements about someone.

C. Public officials and public figures in general are excluded from the right to sue for slander in order to preserve an individual’s right to criticize the government.

D. Fighting words, or speech intended to provoke violence, are not protected.

E. School authorities can regulate students’ free speech at school events and during activities.



Do you agree or disagree with limits on students’ freedom of speech in public schools? Use examples of these limits to explain your opinion.

Answers will vary. See cases on text page 370.

1. Main Idea Use a Venn diagram like the one shown here to explain the difference between slander and libel.

Checking for Understanding

Slander: spoken; Libel: written

___ pure speech

___ symbolic speech

___ seditious speech

___ defamatory speech

___ slander

___ libel

A. the use of actions and symbols, in addition to or instead of words, to express opinions

B. false speech intended to damage a person’s reputation

C. speech urging resistance to lawful authority or advocating the overthrow of the government

D. false written or published statements intended to damage a person’s reputation

E. the verbal expression of thought and opinion before an audience that has chosen to listen

F. false speech that damages a person’s good name, character, or reputation


E

A

C

F

B

D

Match the term with the correct definition.

3. Identify “clear and present danger.”


The phrase “clear and present danger” refers to a test judges frequently rely on to resolve the conflict between free expression and the demands of public safety.

4. What three tests does the Supreme Court use to set limits on free speech?


clear and present danger—speech presenting immediate danger is not protected; bad tendency—speech can be restricted even if it only tends to lead to illegal action; preferred position—speech should not be limited unless absolutely necessary

5. What types of speech does the First Amendment not protect?


The First Amendment does not protect seditious speech, defamatory speech, “fighting words,” and certain types of student speech.

6. Making Comparisons How does freedom of speech in the United States differ in wartime and in peacetime? Refer to Supreme Court decisions in your answer.

Critical Thinking

Speech considered seditious during war [Schenck (1919) and O’Brien (1968)] was protected in peacetime [Yates (1957) and Brandenburg (1969)].

Civil Liberties The Supreme Court has held that First Amendment freedoms are more fundamental than others. Read a Court decision in this chapter and create a political cartoon supporting or opposing the Court’s view. Post your cartoon on a bulletin board and challenge other students to guess the case that it identifies.

section 3 introduction-1 freedom of speech key terms pure speech, symbolic speech, seditious speech,...

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