2Supreme Court has provided the strongest protection for pure speech. Types of SpeechPure Speech can beCalmPassionatePrivatePublicSupreme Court has provided the strongest protection.Supreme Court has provided the strongest protection for pure speech.
3Types of Speech Symbolic Speech (can be “Expressive Conduct”) Actions SymbolsMay include wordsLimited if public safety is endangered.
4Types of Speech Examples of symbolic speech Flag burning Draft Card burningBlack arm bands
6When can government limit or regulate expressive conduct? If the regulation is within the constitutional power of government.If the government has a substantial interest unrelated to suppression of speech.If there are ample alternative ways to communicate.
7Examples of acceptable limits on expressive speech Picketing in front of a private residence.Approaching people without consent to speak or offering literature to them within 100 feet of a health care facility (i.e., abortion clinic)An individual’s Right to Privacy will triumph over your Freedom of Speech.
8Freedom of Speech The Flag Burning Amendment never passed. Flag burning is anacceptable form of expression.
9Regulating Speech Rebel NOW! Seditious speech is prohibited. Urging resistance to lawful authorityAdvocating overthrow of the governmentRebel NOW!
10“Clear and Present Danger” Doctrine Regulating Speech“Clear and Present Danger” Doctrine(in time of war, things may be different)“When a nation is at war many things that might be said in time of peace … will not be endured …”Justice Oliver Wendell Holmes, Jr. (1919)1.
11Example: Yelling “Fire” in a crowded theater. Regulating Speech2.“Bad Tendency” DoctrineExample: Yelling “Fire” in a crowded theater.
12Regulating Speech 3. Primacy of Position “Preferred Position” Doctrine (1st Amendment freedoms are more fundamental than other freedoms)The government must show thatit is absolutely necessary to limitFreedom of Speech.Primacy of Position
13Regulating Speech Sedition Laws Dennis v. United States (1951) Court upheld conviction of 11 communist party leaders who advocated revolution.Middle of McCarthy's"Red Scare"
14Regulating Speech Sedition Laws Yates v. United States (1957) Court overturned convictions of several communist party leaders.Expressing an opinion that the government should be overthrown is different from urging people to take action."Red Scare"was over
15Regulating SpeechBrandenburg v. Ohio (1969) Court ruled in favor of a Ku Klux Klan leader.While he advocated use of force in general, he did not urge “immediate and concrete acts of violence” against a specific target.
16Other Forms of Unprotected Speech Defamatory SpeechFalse speech that damages a person’s good name, character, or reputation.Slander – SpokenLibel – Written
17Other Forms of Unprotected Speech For slander and libel the key is:Was the statement made with theknowledge that it was false?OR2. Was the statement made with reckless disregard of whether it was false or not? (A newspaper must verify its sources.)
18Other Forms of Unprotected Speech NOTE: For public officials or public figures (pastors, athletes, entertainers, etc.) the rules can be very different.These kinds of people thriveon public notice or notoriety.
19Other Forms of Unprotected Speech Fighting WordsOffensive, derisive, annoying, etc.Words that “by their very utterance inflict injury or tend to incite an immediate breach of the peace.”
21Student Speech is Limited Know this case!Tinker v. Des Moines School District (1969)Students do not give uptheir rights to free speechwhile in school. (Students won.)HOWEVER …Students were wearing black arm bands in opposition to Vietnam War.Mary Beth and John Tinker(sister 13, brother 15)
22Student Speech is Limited Know this case!Bethel School District v. Fraser (1986)School districts may suspend students for lewd or indecent speech at school events, even though the same speech would be protected outside the school.School officials can decide whatmanner of speech is appropriate.At a school assembly / election, student gave a sexually suggestive campaign speech.
23Student Speech is Limited Know this case!The Supreme Court says that schools have broad authority to regulate student speech in school-sponsored newspapers, theatrical productions, and other activities. These things are “part of the curriculum,” not an individual’s personal expression of thought.Hazelwood v. Kuhlmeier (1988)Principal stopped publication ofa student newspaper with an articleabout abortion.
24Student Speech is Limited Therefore, the school could legally prohibit:Productions of “Hair” or “Equus” (plays with nudity) or “Who’s Afraid of Virginia Wolf” (foul language) or “Rent” (gay characters and drug use).School newspaper articles about abortion, politics, or religion (would probably offend somebody).Student speeches or acts with inappropriate language or topics (comedy club type routines).The school newspaper, plays, talent shows, etc. are intended to train students to work in those areas (i.e., “part of the curriculum”).
25Assignment Instead of Political Articles for next week - - - Write an analysis of the Supreme Court’s positions on student’s speech rights. Quote from Tinker, Kuhlmeier, & Fraser but don’t just copy-&-paste. (Find Fraser’s speech, etc.)Must be: Typed, single spaced, 12 point fontMinimum of 2 full pagesCite your sources on a separate page at the end.Due Date: Tuesday, October 13 (after 4 day break)Weight: One test grade