Freedom of Speech

What is Speech? Any form of communication Verbal and NonVerbal

Pure Speech Peaceful expression of thoughts Ie: campaign speech, chat with a friend

Speech Plus Verbal expression + Action Marching or Demonstrating Not obstruction of traffic, blocking sidewalks, endangerment

Symbolic Speech Nonverbal expressions Wearing arm bands, picketing, burning draft cards, burning the flag

Balance Free Speech is limited enough to keep order and maintain your natural rights.

Limited Speech NO SPYING (Espionage) NO DAMAGING WAR EFFORT (Sabotage) NO TREASON CANNOT ADVOCATE AN OVERTHROW OF THE GOVERNMENT

Clear and Present Danger Test Schenk v. United States 1919 Schenk distributed pamphlets urging men to resist the draft during WWI. Arrested Constitutional Government may only silence speech when there is a clear and present danger Wartime speech can be limited if it threatens national security.

Bad Tendency Test Gitlow v NY 1925 Published pamphlets urging a violent revolution and overthrow of the government for socialism. Constitutional: Red Scare begins. Any speech intended to incite crime or disturb the peace. (only lasts about 10 years)

Dennis v. United States 1951 Clear and Probable Danger 11 leaders of the Communist Party were arrested under treason in 1951 for using Communist writings that Compelled a gov overthrow. Constitutional

Yates v. United States 1957 89 people were convicted for the same reason six years later. Found Unconstitutional Made a distinction between advocating the overthrow of the government and actually doing so

Brandenburg v. Ohio 1969 Now accepted Brandenberg Test Found that even advocating a violent overthrow is protected Need to show that there is actually immediate actions, and likely to produce a result.

Fighting Words Provoke someone to fight.

Slander A statement in public that holds a person up for contempt, ridicule, or hatred.