Freedom of Speech Content Vocabulary

first amendment

protects freedom of speech, the press, assembly, and the right to petition the government for a redress of grievances

freedom of speech

right of people to express their opinions publicly without government interference, subject to the laws against libel, incitement to violence or rebellion, etc.

freedom of press

the right to publish newspapers, magazines, and other printed matter without government restriction and subject only to the laws of libel, obscenity, sedition

tinker vs Des moines

a historic supreme court ruling from 1989 that cemented students’ rights to free speech in public schools

expressive speech

is the use of words, sentences, gestures, and writing to convey meaning and messages to others

symbolic speech

consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing armbands, and burning of draft cards

prior restraint

suppression of material that would be published or broadcast on the grounds that is libelous or harmful. in US law, the first amendment severely limits the ability of the government to do this

clear and present danger

a risk or threat to safety or other public interest that is serious and imminent

protected speech

the supreme court has recognized that the first amendments protections extend to individual and collective speech “in pursuit of a wide variety of political social economic educational religious and cultural ends

unprotected speech

speech that is completely prohibited subject to governmental regulations. unprotected speech can be classified into obscenity, fighting words, fraudulent misrepresentations, advocacy of imminent lawless behavior, and defamation

hate speech

is abusive or threatening speech or writing that expresses prejudice on the basis of ethnicity, religion sexual orientation or similar grounds

obsentity

an extremely offensive word or expression

fighting words

words meant to incite violence such that they may not be protected free speech under the first amendment

incitement of violence

refers to conduct words or other means that urge or naturally lead others to riot violence or insurrection

defamation

the action of damaging the good reputation of someone; slander or libel

fraud

wrongful or criminal deception intended to result in financial or personal gain

commercial speech

this category of expression which includes commercial advertising promises and solicitations had been subject to significant regulation to protect consumers and prevent fraud

preferred position

the preferred position doctrine expresses a judicial standard based on a hierarchy of constitutional rights so that some constitutional freedoms are entitled to greater protections than others

brandenburg vs ohio

the supreme court established that speech advocating illegal conduct is protected under the first amendment unless the speech is likely to incite “imminent lawless action”

bethel school district

school officials did not violate a students free speech and due process rights when he was disciplined for making a lewd and vulgar speech at a school assembly