Unit 3 First Amendment — Freedom of Speech and the Press

First Amendment — Freedom of Speech and the Press

What does freedom of speech protect?

The right to express opinions without government censorship.

Is freedom of speech absolute?

No

What did Schenck v. United States (1919) establish?

Speech creating a clear and present danger could be restricted.

What was the issue in Schenck?

Opposition to the military draft during World War I.

What did Tinker v. Des Moines (1969) decide?

Students have a right to symbolic political speech at school.

Why were black armbands protected in Tinker?

They expressed political views without substantially disrupting school.

What is symbolic speech?

Expressing ideas through actions or symbols.

What did Texas v. Johnson (1989) protect?

Flag burning as political expression.

What did United States v. O’Brien (1968) decide?

The government could punish draft-card destruction under a valid law.

What is a time

place

What did New York Times Co. v. United States (1971) decide?

The government generally cannot block publication in advance.

What is prior restraint?

Government censorship that prevents publication before it occurs.

Why is a free press important to democracy?

It informs citizens and helps hold government accountable.

What did New York Times Co. v. Sullivan (1964) establish?

Public officials must prove actual malice to win libel cases.

What is actual malice?

Knowingly publishing false information or recklessly disregarding its truth.

What is libel?

A false published statement that damages someone's reputation.

Is obscene material protected by the First Amendment?

Obscenity is generally not constitutionally protected.

What does the Miller test determine?

Whether material legally qualifies as obscenity.

What did Bethel School District v. Fraser (1986) allow?

Schools to punish lewd or sexually suggestive student speech.

What did Morse v. Frederick (2007) allow?

Schools to restrict student expression reasonably viewed as promoting illegal drug use.

How does Tinker differ from Fraser?

Tinker protected political expression; Fraser allowed punishment of lewd speech.

Why can speech be limited during dangerous situations?

To address significant threats to public safety and order.