4.3 - Freedom of Speech

Pure speech

Expression of opinion to willing audiences

Speech plus

Speech accompanied by actions like demonstrations

Symbolic speech

Nonverbal communication through symbols

United States v O'Brien (1968)

Burning draft cards is unconstitutional

Tinker v Des Moines (1969)

wearing of black armbands to protect the Vietnam war is constitutional

Clear and Present danger

Because of Schenek v U.S (1919) - Schenek was convicted during WWI for distributing pamphlets using resistance to draft. Justice Holmes - classic restriction : shouting "Fire" in a theater

Tendency

Speech restricted if tendency to lead to illegal actionb

Balancing

Balance rights of individuals to freely express opinions against need to maintain order and tranquility

Incitement

Speech prohibited when intended to incite or actually produces lawlessness

Defamatory speech

Damages another person's reputation

Unprotected speech conditions

False, intent to harm, actual harm

Slander

Spoken defamatory statements

Fighting words

Words having a tendency to cause violence

Seditious speech

Speech that advocates to overthrow or resist government authorities. Must promote an action and not just a belief

Libel

Printed defamatory statements