1. Freedom of Speech

2. What is Speech?
Any form of communication
Verbal and NonVerbal

3. Pure Speech Peaceful expression of thoughts
Ie: campaign speech, chat with a friend

4. Speech Plus Verbal expression + Action Marching or Demonstrating
Not obstruction of traffic, blocking sidewalks, endangerment

5. Symbolic Speech Nonverbal expressions
Wearing arm bands, picketing, burning draft cards, burning the flag

6. Balance
Free Speech is limited enough to keep order and maintain your natural rights.

7. Limited Speech NO SPYING (Espionage) NO DAMAGING WAR EFFORT (Sabotage)
NO TREASON
CANNOT ADVOCATE AN OVERTHROW OF THE GOVERNMENT

8. Clear and Present Danger Test Schenk v. United States 1919
Schenk distributed pamphlets urging men to resist the draft during WWI. Arrested
Constitutional
Government may only silence speech when there is a clear and present danger
Wartime speech can be limited if it threatens national security.

9. Bad Tendency Test Gitlow v NY 1925
Published pamphlets urging a violent revolution and overthrow of the government for socialism.
Constitutional:
Red Scare begins.
Any speech intended to incite crime or disturb the peace. (only lasts about 10 years)

10. Dennis v. United States 1951 Clear and Probable Danger
11 leaders of the Communist Party were arrested under treason in 1951 for using Communist writings that
Compelled a gov
overthrow.
Constitutional

11. Yates v. United States 1957
89 people were convicted for the same reason six years later.
Found Unconstitutional
Made a distinction between advocating the overthrow of the government and actually doing so

12. Brandenburg v. Ohio 1969 Now accepted Brandenberg Test
Found that even advocating a violent overthrow is protected
Need to show that there is actually immediate actions, and likely to produce a result.

13. Fighting Words
Provoke someone to fight.

14. Slander
A statement in public that holds a person up for contempt, ridicule, or hatred.