The First Amendment: Freedom of Expression “Congress shall make no law…abridging the freedom of speech, or of the press, or the right of people peaceably to assemble, and to petition the government for a redress of grievances”

What is Speech? Pure speech: The spoken word Symbolic speech: pictures, symbols, art that sends a message without words (actions are included as long as they’re not violations of other laws) BOTH are protected by First Amendment, according to Supreme Court

Supreme Court Protection Right to free speech is fundamental (preferred position) A restriction of free speech should always be viewed with skepticism Government is obligated to ensure citizens have the right to be heard First Amendment protects free speech from BOTH federal and state governments Prior Restraint (restricting press before it is printed) forbidden except for national security

Limits on Free Speech There ARE constitutional limits on speech –Libel (written) and slander (spoken): false, damaging, intent to damage, actual damage –Obscenity: Average person applying community standards, offensive, no value –Clear-and-present-danger: If harmful actions can result from speech (riots, mobs, false alarms) –“Fighting Words”: Speech that will lead to violence –Student Speech: Limits in school activities

Selective Incorporation 14 th Amendment Supreme Court applies Bill of Rights protection to state and local governments, too 1 st Amendment HAS been incorporated through many cases