Freedom of Speech

1. Freedom of Speech What type of Speech is protected and what kind is not protected?

2. Types of Speech • Pure Speech • Verbal expression of thought and opinion before an audience that has chosen to listen. • Symbolic Speech (expressive conduct) • Involves using actions and symbols to express opinions. • Burning draft cards • Burning U.S. Flag • Which type of Speech might be subject to more government restrictions. Why?

3. Regulating Speech • Supreme Court has ruled: • That freedom of speech does not permit expressive conduct that endangers public safety. • United States vs O’Brien established 3 part test. • Falls within the constitutional power of gov. • Is Narrowly drawn to further substantial gov. interest that is unrelated the suppression of free speech • Leaves open ample alternative channels of communication

4. Freedom of Speech Supreme Court Cases • Speech can be limited if it present a “clear and present danger” (Schenck vs. U.S.) • Supreme Court Cases • Dennis vs. United States • Yates vs United States • Brandenburg v. Ohio

5. Speech not protected • Defamatory Speech –false speech that damages a persons good name. • Slander – spoken • Libel – written • Someone may be sued in civil court and ordered to pay damages for making false, damaging statements about someone else. • Hustler Magazine vs. Falwell

6. Student Speech • Supreme Court has limited student speech as well. • Bethel School District vs. Fraser • Hazelwood School District vs. Kihlmeier