Warm Up Although each person's rights are guaranteed by the Constitution, no one has the right to do anything he or she wants. For example, the Supreme Court has ruled that students' freedom of speech is limited by the "special circumstances of the school environment." Reflect on this, and write several sentences responding to the following: Give 1 example in which a student's right of free speech should be limited to protect the common good of the other students in the school. Explain why such speech should be limited. Think of one example in which a student's right of free speech should NOT be limited. Explain why such speech should be not limited.

Monday, September 11, 2017 Objective:  We will analyze the purpose and importance of the 1st Amendment rights of freedom of expression. Purpose: I will evaluate the need to protect freedom of expression in a democratic society.

Freedom of Expression Americans have the guarantee to a right of free expression, in the spoken and the written word, and by all other means of communication This gives people the right to have their say and the right to hear what others have to say the guarantees of free speech and press are intended to protect the expression of unpopular views

Answer Coalition members protest the war in Iraq Answer Coalition members protest the war in Iraq. Other anti-war groups criticized Answer for its affiliations and tactics, but its members' right to be heard was guaranteed by the Constitution.

Limits on Freedom of Expression The law also prohibits the use of words to prompt others to commit a crime (called incitement) Sedition (calling for the overthrow of the government is not protected by the First Amendment) Speech cannot create a “clear and present danger”

Limits on Freedom of Expression Libel: false and malicious use of printed words Slander: false and malicious use of spoken words Malicious means that the words are used to injure a person's character or reputation, or to expose that person to public contempt, ridicule, or hatred

Limits on Freedom of Expression The law does not shield public officials or public figures from damages from a published criticism The law prohibits the use of obscene words, the printing and distributing of obscene materials, and false advertising

Defense Against Claims of Libel Provable truth Even if damage occurred, no libel would exist if there is evidence that proves the information is true Privilege Reporters can publish fair and accurate accounts of official proceedings (city council meetings, school board meetings, sessions of Congress)

Defense Against Claims of Libel Public official or public figure It must be proven that a person’s speech was intentionally malicious to the person targeted Commentary/Opinion Such speech must be labeled as an opinion or an op-ed

This New York Times ad led police supervisor L. B This New York Times ad led police supervisor L.B. Sullivan to sue the paper, claiming that the word police in the ad, as well as several inaccuracies (circled above), personally libeled him.

Freedom of Expression Case Law New York Times v. Sullivan (1964) Supreme Court held that public officials cannot recover damages for a published criticism, even if it is exaggerated or false, “unless that statement was made with actual malice” Several later decisions have extended that ruling to cover “public figures” and even private persons who simply happen to become involved in some newsworthy event