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Chapter 14
Section 3
Freedom of Speech
• What is speech?– Pure Speech
• Verbal expression before an audience that has chosen to listen. Opinions/thoughts
• Power of words• Examples?
– Symbolic Speech• Using actions or symbols to express views• Examples?
Freedom of Speech
• Evaluated by U.S. vs. O’Brien-1968• Burned draft cards
• The govt. can forbid speech if– Falls into the Constitutional Power of the
government– It pertains to enhancing a govt. interest
outside of the issue of free speech
• Limit expressive Conduct
Regulating Speech
• Seditious Speech (Outlawed)– Any speech that resists lawful authority or to
overthrow the government
• How?– Clear and Present Danger
• When speech presents immediate danger– Schenck vs. United States
Regulating Speech
• “The question in every case is whether the words are used in such circumstances and are of a nature to create a clear and present danger that they will bring about the substantive evils that Congress has the right to prevent…”
• Justice Oliver Wendell Holmes Jr. 1919
Regulating Speech
• Bad Tendency Doctrine (1925) – Speech that has the tendency to lead to illegal
action (Overturned by Brandenburg Case)
• Preferred Position Doctrine (1940s)– fundamental freedoms overall constitutional
freedoms (1st Amendment)– (Murdock vs. PA)
Regulating Speech
• Examples
• Yates v. United States– Difference between people believing in an
action and urging them to take action
• Brandburg vs. Ohio– Speech that intends to create immediate acts
of violence.
Unprotected Speech
• Defamatory Speech– Slander….Libel
• Allowed for criticism of govt…fear that “The people” would be silenced
• “Fighting Words” 1942– “Any defensive, derisive, or annoying word to
any other person who is lawfully in street or public place.”
– “inflict injury or tend to incite an immediate breech of peace”
Unprotected Speech
• Bethel School District vs. Fraser (1986)– School officials decide “what manner of
speech in the classroom or in school assembly is appropriate.”
• Hazelwood School District Case (1988)– Student newspapers/extracurricular – Activities are “part of school curriculum”