Limits on Freedom of Speech

• Take notes on Cornell notes sheets.• It is recommended that you copy what is

written in red.

Five parts of the First Amendment

• Freedom of Speech• Freedom of Religion• Freedom of Assembly• Freedom of the Press• Freedom to Petition the Government

Question: What is speech?

• Are students who wear black armbands protesting a school policy engaging in “speech”?

• Is demonstrating in front of a government building a form of speech?

• Is standing up on an airplane and yelling “bomb!” free speech?

Supreme Court

Two Types of Speech

Types of Speech

Pure Speech

Verbal expression of thought and opinion

before an audience that has chosen to listen

Pure Speech

• It is the most common form of speech• Pure speech may be delivered calmly in

the privacy of one’s home• Or it can be delivered passionately in

front of a crowd

Pure Speech

Students discussing their Political Science class on

college campus

Family discussing the things they like and dislike about

living in America

Pure Speech

Barack Obama giving a speech to a large crowd while

running for president

Football coach giving a pre-game speech

Types of Speech

Symbolic

Speech

The use of actions and symbols, in

addition or instead of words, to express

opinions

Symbolic Speech• Examples of symbolic speech• During Vietnam War (1960s-early 70s),

protestors burned their draft cards to express their opposition to the war

• The burning of the American flag to show displeasure with U.S. government

• Wearing a black armband or bandana to protest a war

Symbolic Speech

Symbolic Speech

But free speech has its limits

• Both Pure Speech and Symbolic Speech have their limits

• If a person’s free speech presents a clear and present danger, then the First Amendment does NOT protect it

• But what defines a clear and present danger?

Clear and Present Danger=

• If the public’s safety is put in danger

Examples of Clear and Present Danger

• 1) Shouting “Fire” in a crowded theater• 2) Screaming “I have a bomb” on a plane• 3) Passing out leaflets (flyers) to recruit people

interested in planning an attack against the U.S. Government

• 4) Lighting a large pile of American flags in a public park or on a crowded sidewalk

First Amendment also does not protect…

Defamatory Speech- false speech that damages a person’s

good name, character or reputation

Defamatory Speech

Libel= written

i.e. Journalist purposefully writing lies about a public figure; makes up that a politician is cheating on his wife

Slander= spoken

i.e. Telling people at the workplace a lie about a co-worker; saying they have a drug problem

Freedom of Speech

• The 1st Amendment protects both pure and symbolic speech UNLESS it creates a clear and present danger

• Then it is not protected under 1st amendment

• Most speech is protected but not ALL

Limits on Free Speech

1. Causing Disruption in Schools

• While freedom of speech in school for students is protected, speech that causes a disruption in school is not.

• Example: Shouting in the hallways.

2. Creating a Clear and Present Danger

• If the public’s safety is put in danger by speech, that speech is not protected

• Example: Screaming “I have a bomb” on a plane.

3. Defamatory Speech• False speech that damages a person’s good name,

character, or reputation is called defamatory speech, and it is not protected.

• Example: A journalist makes up and writes lies about a public figure.

Slander = spoken

Libel = Written

4. Obscenity

• Obscenity can also be limited.• Obscenity is when an average person using

average standards thinks something is inappropriate or gross.

• Or, use the SLAPS test: the speech lacks serious literary, artistic, political or scientific value.

• Example: Child pornography

5. “Fighting Words”

• Words that threaten people or are extremely likely to cause an immediate breach of the peace or fight.

• Example: Words that threaten someone, basically assault.