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The 1 st Amendment – Freedom of Speech

AP Government and Politics Chapter 18: Wilson Homework : Read Wilson, Chapter 18 (513-521) for Thursday. The 1 st Amendment – Freedom of Speech. Does the freedom of speech, of the press, or expression ever go too far? If so, when?. The Freedom Speech.

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The 1 st Amendment – Freedom of Speech

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  1. AP Government and Politics Chapter 18: Wilson Homework: Read Wilson, Chapter 18 (513-521) for Thursday The 1st Amendment – Freedom of Speech Does the freedom of speech, of the press, or expression ever go too far? If so, when?

  2. The Freedom Speech • “Congress shall make no law abridging the freedom of speech…” • Does this mean “NO LAW” at all? • What kinds of expressions have we come to regard as “speech”? • Until Gitlow(1923), states were free to “abridge” speech as they pleased – Barron (1833)

  3. Selective Incorporation • 14th amendment due process clause laid the groundwork for the application of the First Amendment (and subsequent amendments) to state governments • “No state shall…deprive any person of life, liberty or property without due process of law” • Gitlow (violation of the Sedition Act of NY) was first case to apply, through “selective incorporation” the free speech clause of the first amendment.

  4. Laws and Free Speech • Generally, the Court will permit speech (or strike down laws prohibiting it) when it… • Does not pose a “clear and present danger” • Does not aim to incite “imminent lawless conduct” • Does not cause harm to a person’s reputation (and is false) • Slander and libel • Is not obscene (“I know it when I see it”…)

  5. Laws that restrict speech must.. • Remain neutral in whom they apply to or impact • Be clear in what is required to exercise speech when necessary • Be the least restrictive option available • Not be an example of “prior restraint”

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