Civics Golde Freedom of Speech practice

What amendment protects freedom of religion, speech, press, assembly, and petition?

What amendment protects freedom of religion, speech, press, assembly, and petition?

1st amendment

What is the purpose of the 1st amendment?

Self-governance

State and local governments can not make laws abridging _________?

Freedom of speech

Process of applying the Bill of Rights’ protections

Incorporation

In addition to the one sending a message, who else does the 1st amendment protect?

People receiving a message

The types of speech are:

Pure speech, symbolic speech

Verbal expression to an audience that has chosen to listen

Pure speech

Conduct that expresses an idea

Symbolic speech

Talking with people is an example of what type of speech?

Pure speech

Protest buttons are an example of what type of speech?

Symbolic speech

Despite our freedom of speech, what can’t we risk with our speech?

Public safety

A test in which courts weigh the danger to the public against the benefit of an individual’s choice about what to say and where to say it.

Balancing test

Laws governing freedom of speech must be what?

Clean and/or specific

The categories of speech are

Obscenity, defamation, fighting words, commercial speech, seditious speech

Anything that treats sex or nudity in an offensive and lewd manner, violates community standards of decency, and lacks serious literary, artistic, political, or scientific value.

Obscenity

A false expression about a person that damages that person’s reputation

Defamation

When defamation is spoken, what is it called?

Slander

When defamation is posted in a lasting form (social media post, literature, article, etc.) is called what?

Libel

If a statement about a person is true, is it defamation?

No

Words spoken face to face likely to cause violence.

Fighting words

Most advertising falls under this category of speech.

Commercial speech

Speech urging the resistance to lawful authority or advocating the overthrow of the government.

Seditious speech

Exceptions to freedom of speech are made in this group because members have to follow a special set of laws.

The military

The rights of students in these locations may conflict with maintaining a good learning environment

Public schools

Court ruled that a California state law that prohibited a red communist-associated flag as a symbol of opposition to organized government was unconstitutional because it could punish legal opposition to government.

Stromberg v. California (1931)

Court ruled that four men being arrested for burning their draft cards in protest of the Vietnam War was constitutional because the law they were arrested under did not violate the First Amendment because it served a valid government interest and was not intended to suppress speech. The men could have sent the same message in other formats.

U.S. v. O’Brien (1968)

Court ruled that suspending a group of students for wearing black armbands in protest of the Vietnam war was unconstitutional and that the school could not punish the students for the symbolic speech

Tinker v. Des Moines (1969)

A protestor burned the American flag, which was against the law in Texas. The Supreme Court said the law banning flag burning was unconstitutional, in this case because it infringed on the right to free symbolic speech.

Texas v. Johnson (1989)

Court ruled that a law prohibiting the distribution of indecent material online was unconstitutional.

Reno v. ACLU (1997)

Court determined that even if a newspaper story about an Alabama police commissioner was false, it was protected speech unless the statement was made with the knowledge it was false or with reckless disregard for whether or not it was false.

New York Times Co. v. Sullivan (1964)

A member of the Socialist party was convicted of violating the 1917 Espionage Act by printing leaflets that urged draftees to obstruct the World War I effort. The Court ruled that his decision was constitutional because his actions took place during wartime when there was a “clear and present danger” that they would bring about “substantive evils.”

Schneck v. United States (1919)

Court ruled that speech could only be restricted even if it only had a tendency to lead to illegal action.

Gitlow v. New York (1925)

Court ruled that speech that generally advocates violence is protected. Only speech directed toward “inciting immediate lawlessness” and likely to produce such behavior could be punished.

Brandenburg v. Ohio (1969)

Court ruled that schools can punish lewd or indecent speech, even though that same speech would be protected outside school.

Bethel v. Fraser (1986)

Court ruled that school officials can reasonably regulate student speech in school-sponsored activities, like the school newspaper and theater productions.

Hazelwood v. Kuhlmeier (1988)

Court ruled that a student being suspended from the cheerleading squad for posting vulgar language and gestures on Snapchat violated the 1st amendment because the off-campus activity did not cause substantial disruption to learning.

Mahanoy Area School District v. B.L. (2021)