Freedom of Expression Study Guide

Benefits of Freedom of Expression

Promotes individual autonomy, enables a marketplace of ideas, fosters democratic governance, encourages social change, and supports personal development.

Importance of Freedom of Expression

It is essential for democratic societies, helps protect minority opinions and dissent, and facilitates discussions that lead to societal progress.

Example of Individual Autonomy

The ability to express one's own thoughts, beliefs, and opinions freely without fear of censorship.

Example of Marketplace of Ideas

The exchange of diverse opinions and beliefs that encourages critical thinking and public discourse.

What is Protected Through Freedom of Expression?

Speech, publications, protests, symbolic speech, and other forms of communication and expression.

Limits to Freedom of Expression

Categories include incitement to violence, obscenity, defamation, hate speech, and speech that poses a clear and present danger.

Schenck v. United States (1919)

Established the 'clear and present danger' test for limits on free speech.

West Virginia State Board of Education v. Barnette (1943)

Protected students' rights to refuse to salute the flag based on free speech rights.

Tinker v. Des Moines (1969)

Upheld students' rights to free expression as long as it does not disrupt educational activities.

Near v. Minnesota (1931)

Established that prior restraint on published materials is unconstitutional.

New York Times Co. v. United States (1971)

Protected the right of the press to publish classified information in the public interest.

Branzburg v. Hayes (1972)

Ruled that reporters do not have a protected right to refuse to testify before a grand jury.

Texas v. Johnson (1989)

Declared that flag burning is symbolic speech protected by the First Amendment.

Hazelwood v. Kuhlmeier (1988)

Allowed schools to impose restrictions on student publications under certain circumstances.

Bethel School District v. Fraser (1986)

Held that schools can limit student speech that is considered lewd or vulgar.