AP Government and Politics Chapter 18: Wilson Homework: Read Wilson, Chapter 18 ( ) for Thursday Does the freedom of speech, of the press, or expression ever go too far? If so, when?

The Freedom Speech  “Congress shall make no law abridging the freedom of speech…”  Does this mean “NO LAW” at all?  What kinds of expressions have we come to regard as “speech”?  Until Gitlow (1923), states were free to “abridge” speech as they pleased – Barron (1833)

Selective Incorporation  14 th amendment due process clause laid the groundwork for the application of the First Amendment (and subsequent amendments) to state governments  “No state shall…deprive any person of life, liberty or property without due process of law”  Gitlow (violation of the Sedition Act of NY) was first case to apply, through “selective incorporation” the free speech clause of the first amendment.

Laws and Free Speech  Generally, the Court will permit speech (or strike down laws prohibiting it) when it…  Does not pose a “clear and present danger”  Does not aim to incite “imminent lawless conduct”  Does not cause harm to a person’s reputation (and is false)  Slander and libel  Is not obscene (“I know it when I see it”…)

Laws that restrict speech must..  Remain neutral in whom they apply to or impact  Be clear in what is required to exercise speech when necessary  Be the least restrictive option available  Not be an example of “prior restraint”