1. 1st Amendment Can you say that?
Free Speech
1st Amendment
Can you say that?

2. “Congress shall make no law …abridging the freedom of speech”
What does this mean?
Free Speech

3. Although not specifically stated in the Constitution, Freedom of Expression is an interpretation of the 1st amendment and is commonly used in referring to all freedoms granted in the 1st amendment including free speech and press.
What is Freedom of Expression?
- Wearing an armband in protest at school?
Burning the American flag?
Writing threats on Facebook, Twitter, etc?
Wearing offensive clothing?
Swearing in public?
Discrimination?
Freedom of Expression

4. Rulings Wearing an armband in protest at school?
Burning the American flag? Allowed- Texas v. Johnson 1989
Wearing offensive clothing? Allowed in public. School???
Swearing in public? Allowed… usually- Cohen v. California 1971
Discrimination? Allowed- Bradenburg v. Ohio
Writing threats on Facebook, Twitter, etc? ???- Elonis v. United States
Rulings

5. Is emotional harm treated the same as physical?
Standard established in  Bradenburg v. Ohio (1969), to determine when inflammatory speech can be restricted. It must meet both requirements
(1) the advocacy is “directed to inciting or producing imminent lawless action,” and (2) the advocacy is also “likely to incite or produce such action.”
Freedom of Speech can be restricted if it is (or could) bringing harm to others.
Is emotional harm treated the same as physical?
Bradenburg Test