3.3 Freedom of Speech

Which SCOTUS case is about Symbolic Speech?

Tinker v. Des Moines

What was the Decision of Tinker v. Des Moines

Students who wore arm bands protesting against the Vietnam war were suspended. However, the SCOTUS argued that this was a violation of their First amendment Free Exercise Clause, as their protest did not disrupt school order. Therefore, the court upheld individual freedom and their right to symbolic speech.

What are the 3 rules the SCOTUS references when deciding 1st amendment cases?

1. Time, Place, and Manner Regulations

   1. Content-neutral = (words not restricted)

   2. Only where and when (context) in which words are said matters in the decision

2. Defamatory, Offensive, and Obscene Speech Regulations

   1. Defamation never protected speech = can be sued

   2. Offensive Language is difficult to define since it’s always a moving target (always changing) BUT there is a high bar to reach for gov to silence speech deemed “offensive”

3. CLEAR AND PRESENT DANGER

   1. Speech can be silenced if it’s deemed dangerous in some way

What was the decision of Schenck v. United States

Charles Schenck was arrested for distributing pamphlets protesting against joining the army during WW1. The SCOTUS argued the arrest was NOT a violation of his first amendment rights (free exercise clause), as his distribution presented a clear danger to American Society by potentially decreasing the size of the army.