Article 3 Section 4 (Freedom of Expression)

No law shall be passed abridging the freedom of speech, of expression, or of the press, or of the right of the people peaceably. to assemble and petition the government from redress of grievances

Article 3 Section 4

Freedom of Speech

individual is free to speak or utter what he wants without prior restraint

Freedom of Press

individual is free to write, publish, and ciruculate whatever he pleases without restraint

Freedom of expression

every form of expression whether oral, written, tape or disc recorded

Prohibition against prior Restraint, prohibition against subsequent Punishment

Prohibitions under Section 4

Prohibition against prior restraint

official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination

Dangerous Tendency Test, Clear and Present Danger Test, Balancing of Interests Test

3 standards in regulating freedom of expression

Dangerous Tendency Test

There should be a rational Connection between the speech and the evil apprehended

Clear and Present Danger Test

There should be a clear and present danger that the words when used under such circumstances are of such a nature as to create a clear and present danger that they will bring about the substantive evils that the state has a right to prevent

Balancing of Interests Test

the should balance the public interest served by legislation on one hand and the freedom of speech on the other. The courts will then decide where the greater weight should be placed

Libel, Obscenity

Unprotected Speech

Right of Assembly and Petition

Standards for allowable impairment of speech and press also apply, rules on assembly in public places, rules on assembly in private properties