2. The words 'flag, standard, colors, or ensign', as used herein, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America.

3. (d) The flag should never be used as wearing apparel, bedding, or drapery.
(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.

4. Any person who…shall manufacture, sell, expose for sale, or to public view, or give away or have in possession for sale, or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court.

5. (a)(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.

16. Freedom of Expression
The four rights in the first amendment of speech, press, assembly and petition are collectively known as freedom of expression
What is Expression? What is Speech?
1. In addition to words, speech may be symbolic. Actions that express an idea are protected the same as speech.
Tinker v. The Des Moines Independent School District

17. 2. Examples: Flag Burning: The United States Supreme Court held in Texas v. Johnson (1989) and United States v. Eichman (1990) that burning the flag was protected by the 1st amendment.

18. Political Speech
1. The main purpose of the first amendment was clearly to protect the right of the people to express opinions about the government
D. But there are limits on Freedom of Expression

19. Fighting Words: Words or actions that a reasonable person would expect to cause a violent reaction are not protected.
Chapinsky v. New Hampshire

20. Safety: If the words or actions create a “Clear and Present danger” they are not protected.
Schenk v. United States

21. 3. National Security: If the words incite people to immediate violence then they are not protected.

22. 4. Obscenity: Obscene or pornographic expression is not protected and is strictly limited

23. Tinker v. The Des Moines Independent School District
Education: Schools are special places. Students have the right to free expression of political speech except when it interferes with the education process
Tinker v. The Des Moines Independent School District

24. Freedom of Expression Test
Compelling Reason
Freedom of Expression
Compelling Reason Test

25. Freedom of Expression Test
Fighting Words
2. Safety
3. National Security
4. Education
5. Obscenity
Freedom of Expression
Compelling Reason
Compelling Reason Test

26. Freedom of the Press
1. School Newspapers
a. Students do not have the right to print what they want in a school newspaper. The newspaper belongs to the school and as such the administration may edit any article or refuse to print any student work.
Hazelwood School District v. Kuhlmeier (1988)
b. This even applies to public colleges and universities
Morse v. Frederick (2007)

27. School Libraries and banned books:
a. Many school ban books from school libraries because of language or theme. Here are some examples;
b. Example: Comic Book Burnings