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Types of SpeechTypes of Speech
Pure Speech can beCalmPassionatePrivatePublic
Supreme Court has provided the strongest protection.
Symbolic Speech (can be “Expressive Conduct”)
– Actions
– Symbols
– May include words
Limited if public safety is endangered.
Types of SpeechTypes of Speech
• Examples of symbolic speech
– Flag burning
– Draft Card burning
– Black arm bands
Types of SpeechTypes of Speech
Freedom of SpeechFreedom of Speech
1. If the regulation is within the constitutional power of government.
2. If the government has a substantial interest unrelated to suppression of speech.
3. If there are ample alternative ways to communicate.
When can government limit or regulate expressive conduct?
When can government limit or regulate expressive conduct?
– Picketing in front of a private residence. – Approaching people without consent to
speak or offering literature to them within 100 feet of a health care facility (i.e., abortion clinic)
An individual’s Right to Privacy will triumph over your Freedom of Speech.
Examples of acceptable limits on expressive speech
Examples of acceptable limits on expressive speech
Freedom of SpeechFreedom of Speech
Regulating SpeechRegulating SpeechRegulating SpeechRegulating Speech
Seditious speech is prohibited.
– Urging resistance to lawful authority
– Advocating overthrow of the government
“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)
Regulating SpeechRegulating SpeechRegulating SpeechRegulating Speech
“Bad Tendency” Doctrine
Example: Yelling “Fire” in a crowded
theater.
Regulating SpeechRegulating SpeechRegulating SpeechRegulating Speech
“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.
Regulating SpeechRegulating SpeechRegulating SpeechRegulating Speech
Sedition Laws
Dennis v. United States (1951)
Court upheld conviction of 11 communist party leaders who advocated revolution.
Regulating SpeechRegulating SpeechRegulating SpeechRegulating Speech
Sedition Laws
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.
Regulating SpeechRegulating SpeechRegulating SpeechRegulating Speech
Regulating SpeechRegulating SpeechRegulating SpeechRegulating Speech
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.
Other Forms of Unprotected Speech
Other Forms of Unprotected Speech
Defamatory SpeechFalse speech that damages a person’s good name, character, or reputation.
Slander – Spoken
Libel – Written
For slander and libel the key is:
1. Was the statement made with the knowledge that it was false?
OR2. Was the statement made with
reckless disregard of whether it was false or not? (A newspaper must verify its sources.)
Other Forms of Unprotected Speech
Other Forms of Unprotected Speech
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.
Other Forms of Unprotected Speech
Other Forms of Unprotected Speech
Fighting WordsOffensive, derisive, annoying, etc.
Words that “by their very utterance inflict injury or tend to incite an immediate breach of the peace.”
Other Forms of Unprotected Speech
Other Forms of Unprotected Speech
Fighting WordsFighting Words
Student Speech is LimitedStudent Speech is Limited
Tinker v. Des Moines School District (1969)
Students do not give up
their rights to free speechwhile in school. (Students won.)
HOWEVER …
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.
Student Speech is LimitedStudent Speech is Limited
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.
Student Speech is LimitedStudent Speech is Limited
Student Speech is LimitedStudent Speech is Limited
Therefore, the school could legally prohibit:
• Productions of “Hair” or “Equus” (plays with nudity) or “Who’s Afraid of Virginia Wolf” (foul language) or “Rent” (gay characters and drug use).
• School newspaper articles about abortion, politics, or religion (would probably offend somebody).
• Student speeches or acts with inappropriate language or topics (comedy club type routines).
The school newspaper, plays, talent shows, etc. are intended to train students to work in those areas (i.e., “part of the curriculum”).
Assignment
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
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