hiemlar u3:L3 the first amendment :freedom of speech

The right of freedom of speech is what

Not absolute, meaning that you cannot just say anything at anytime

What are the court cases that highlight the first amendment in the freedom of speech?

1) Tinker V Des Moines

2) Morse V Frederick

3)West Virginia, Board of Education V Burnet

What needs to be understood when the court cases makes their decision?

They make decisions on these issues by attempting to a balanced individual freedom with social order.

How does the Supreme Court decide which side they should take?

1) time ,place , and Manor regulation(content, neutral regulation, and don’t restrict the actual words being said only when and where, and how)

2) deform, offensive and obscene speech regulation( defamation is almost never protected speech)for offensive or obscene language it’s difficult to define moving

3) clear and present danger rule (speech can be silenced if it is deemed dangerous in someway)

where does the clear and present danger rule come from?

it comes from the Supreme Court case Schenck V the untied states

Brandenburg test

It decides when the government can punish speech that encourages violence you can say hateful or extreme things unless you’re trying to make people commit immediate violence and it’s like