Download Freedom of Speech and the Press

Freedom of Speech
and the Press
The 1st Amendment
Question: Discuss with your table
partner
• Why are freedom of speech and freedom of the press so
important?
• Share
Two Types of Speech
Pure Speech
• Spoken Word
• Conversation between
two people
• Speech to a crowd of
thousands
Symbolic Speech
• Combines actions and
symbols-with or without
words-to express ideas.
• Example: flag burning as
protest
Question: Discuss
• Should there be limits on free speech?
• What is the criteria?
• Discuss.
Limits of Free Speech
Seditious Speech
Landmark Case
• Speech which
encourages overthrow or
disruption of
Government
• “Clear and present
danger” is yardstick.
• People punished if use
words to promote
criminal acts as opposed
to just believing
something
• Schenck vs. United States
1919
• See summary
Other Speech not protected
Limits
• Defamation: false words
that damage a person’s
character or good name
• Slander: spoken
defamatory words
• Libel: written
defamatory words
• “fighting words”: speech
so insulting that would
cause someone to hit
another
Hazelwood School District v.
Kuhlmeier
• Student Speech:
• Indecent or vulgar
speech
• Speech in school
newspapers, plays and
school related activities.
• See also Tinker v. Des
Moines School District
(1969)
Freedom of the Press
• 2 issues
• No prior restraint. Prior restraint is forbidding the expression
of ideas before they expressed.
• Congress could make up a list of what could not be expressed.
• Shield Laws: no national shield law allowing press keep
sources secret.
• See: New York Times Co. v. United States (1971)