Presentation on theme: "Chapter 14 Section 3. Freedom of Speech What is speech? –Pure Speech Verbal expression before an audience that has chosen to listen. Opinions/thoughts."— Presentation transcript:
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 (1 st 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”