Ch 19 Sec3 Speech And Press

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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Freedom of Speech

Ch 19 section 3

Part A

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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Questions

I. Why is Free speech important?

II. What are the Types of Speech?

III. What speech is unprotected?

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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I. Why is Free Speech Important?

A. This is a Democracy!!!!

B. Voltaire

C. Free Market place of Ideas

D. John Stuart Mills

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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A. This is a Democracy!!!!

– Public input and dissent– Informing the government– Discussion of Policy issues– Freedom of Expression/Art

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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B. Voltaire

• “I may despise what you say, but will defend to the death your right to say it!”

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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C. Free Market Place of Ideas

• Justice Oliver Wendell Holmes stated…– “The best of Truth is the power of the thought

to get itself accepted in the competition of the market….”

– It is the Free market place of ideas.

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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D. John Stuart Mills

• From his Essay on Liberty “ The Peculiar evil of silencing the expression of opinion, is that it is robbing the human race… If the opinion is right, they are deprived of the opportunity of exchanging error for truth; if wrong, they lose what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error.”

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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II. What are the types of Speech

A. Pure Speech

B. Speech Plus

C. Symbolic Speech

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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A. Pure Speech

• The expression of an opinion before a willing audience.

• Government control over this type of speech is rare.

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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B. Speech Plus

• Speech that is accompanied by such actions as demonstrations or parades.

• Governments do regulate this– Parades– Strikers

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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C. Symbolic Speech

• Nonverbal communication through the use of symbols.

• Tinker vs. Des Moines , 1969– Students wore black arm bands in protest against the

war.– Court sided with student

• Texas vs. Johnson, 1989– Johnson burned a Flag in protest.– Texas law prohibited it.

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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III. What speech is unprotected?

A. Defamatory SpeechB. Fighting WordsC. Seditious SpeechD. Schenk vs. United States, 1917E. Dennis vs. United States, 1951F. What is Obscene?G. Miller vs. California, 1973H. Pornography

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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A. Defamatory Speech

• Libel is printed defamatory statements

• Slander is spoken defamatory statements– In either case the plaintiff must prove:

• Statement is untrue• With intent to do harm• And actual harm must have occurred.

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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B. Fighting Words

• Chaplinsky vs. New Hampshire, 1942– Speech to provoke a fight is not protected.– Case stated that “direct tendency to cause

acts of violence to whom, an individual, the remark is addressed.

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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C. Seditious Speech

• Seditious speech advocates the overthrowing of the government.

• Alien and Sedition acts, 1798 – gave President power to deport aliens who said “false,

scandalous and malicious” criticisms of the government.– Obviously unconstitutional– Had a sunset clause.

• Court has placed restrictions on seditious speech– Schenk vs. United States, 1917– Dennis vs. United States, 1951– Brandenburg vs. Ohio, 1969

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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D. Schenk vs. United States, 1917

• Schenck distributed papers resisting the draft.

• Action violated Espionage Act of 1917– Illegal to state abusive language against the

government or encourage disloyalty

• Clear and Present Danger Test– Character of act depends upon the circumstances

• Can not yell fire in a crowded theater.

– Resisting draft could jeopardize the war effort

• Conviction was upheld.

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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E. Dennis vs. United States, 1951

• Smith Act of 1940:– Crime to advocate the violent overthrow of the

government including distributing material and teaching it

• Dennis vs. United States, 1951– Communist party leaders advocating revolution– Upheld convictions of communist party leaders– Balancing individual rights vs. Community

• Yates vs. United States, 1957, – Court recognized difference between advocating and

teaching or discussing.

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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Terms

• Libel• Slander• Seditious speech• Smith Act of 1940• Pure Speech• Speech Plus• Symbolic Speech• Schenk vs. United States, 1917• Dennis vs. United States, 1951• Miller vs. California, 1973

04/12/23

Students analyze court cases as a means to clarify our first amendment rights.

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What we know

• Why is free speech important to a democracy?

• Why does the government restrict seditious speech?

• Why is it so difficult to define obscenity?