13.3 | Freedom of Speech

Pure speech

verbal expression of thought and opinion before an audience that has chosen to listen; most common form of speech

Symbolic speech

the use of action and symbols, in addition to or instead of words, to express opinions

defamatory speech

false speech that damages a person's reputation, character, or good name

slander

defamatory speech that is spoken

libel

defamatory speech that is written

¨fighting words¨

These are words spoken face-to-face that are likely to cause immediate violence & thus not protected by free speech

seditious speech

any speech urging the resistance to lawful authority or advocating the overthrow of the government

Gitlow v. New York

In 1925, court held speech could be restricted even if it had only a tendency to lead to illegal action, establishing the bad tendency doctrine

United States v. O'Brien

1968: Government can regulate or forbid expressive conduct if regulation (1) falls within the constitutional power of government, (2) is narrowly drawn to further a substantial government interest that is unrelated to the suppression of free speech, and (3) leaves open ample alternative channels of communication

clear and present danger rule

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents that it will lead to evil or illegal acts

Schenck v. United States

1919: Speech may be punished if it creates a clear and present danger test of illegal acts

Bad Tendency Doctrine

Interpretation of the First Amendment that would allow the Congress or state legislatures to prohibit or limit speech or expression that had the tendency to cause or incite illegal activity; need to maintain order more than balances any damages done to basic freedoms

preferred position doctrine

1st amendment freedoms are more fundamental because they provide basis for all liberties

Bethel School District v. Fraser

1986: Gave public school officials the authority to suspend students for speech considered to be lewd or indecent speech at school events

Hazelwood School District v. Kuhlmeier

1988: the Court held that school officials have sweeping authority to regulate student speech in school-sponsored newspapers, theatrical productions, and other activities