Freedom of Speech and Press

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Freedom of Speech and Press
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Freedom of Expression

• The 1st amendment has two guarantees on freedom
  of expression
• 1 Guarantee to each person a right of free
  expression spoken or written by all means of
  communication
• 2 Guarantee all persons a wide-ranging
  discussion of public affairs

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What is the real intention of this freedom?

• Protect the expression of unpopular views
• BUT it doesnt protect all forms of expression
  because no person has unbridled right to free
  speech

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Origins of the Expression Clauses

• There are three important factors which led to
  increased sentiment for freedom of speech in
  America

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1

• English origins
• Kings during the 17th and 18th century England
  tried to suppress criticism of the government
• Passed Licensing act of 1662 which authorized
  royal officials to investigate and seize printed
  works, especially if it wasnt licensed before

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2

• Attacks on Free Expression in the Colonies
• Early colonists used methods to suppress
  criticism and dissent
• Fines
• Imprisonment

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3

• The Constitutions of the States
• Virginia adopted a state constitution which began
  with a Declaration of Rights that included
  freedom of the press
• Constitution of Pennsylvania contained provisions
  for freedom of the press, speech, and petition

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What is Speech?

• Any form of communication
• Verbal and NonVerbal

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Pure Speech

• Peaceful expression of thoughts
• Ie campaign speech, chat with a friend

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Speech Plus

• Verbal expression Action
• Marching or Demonstrating
• Not obstruction of traffic, blocking sidewalks,
  endangerment

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Symbolic Speech

• Nonverbal expressions
• Wearing arm bands, picketing, burning draft
  cards, burning the flag

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Spence v. Washington

• College student attached a peace symbol to a U.S.
  flag and hung it upside down the window of his
  private apartment to protest military action in
  Cambodia during the Vietnam War and killing of 4
  students at Kent State
• Convicted of violating a state statute which made
  it a crime to place a mark or picture on the U.S
  flag
• DECISION Supreme Court saw conviction as a
  violation of his 1st amendment because this was a
  case of prosecution for the expression of an
  idea through activity
• 1st amendment protects actions that express an
  idea just as it protects what people say and
  write

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Balance

• Free Speech is limited enough to keep order and
  maintain your natural rights.

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Limited Speech 3 types NOT supported by 1st
Amendment

• National Security
• During WWII and Cold War, laws were passed to
  check and control persons whose, by written or
  spoken word, advocated violence against the
  government and its actions

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Limited Speech

• B. Fighting Words
• These are words which can be expected to provoke
  a hostile reaction in a reasonable person
• C. Lewd, obscene, profane, libelous, and fighting
  are not protected

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Fighting Words

• Provoke someone to fight.

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Slander

• A statement in public that holds a person up for
  contempt, ridicule, or hatred.

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Libel

• Published Report of falsehoods intended to injure
  someones reputation.
• Example Tiger Woods ex-wife, suing a Irish
  newspaper for saying she posed nude.

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Clear and Present Danger TestSchenk v. United
States 1919

• Schenk distributed pamphlets urging men to resist
  the draft during WWI. Arrested
• Constitutional
• Government may only silence speech when there is
  a clear and present danger
• Wartime speech can be limited if it threatens
  national security.

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Bad Tendency TestGitlow v NY 1925

• Published pamphlets urging a violent revolution
  and overthrow of the government for socialism.
• Constitutional
• Red Scare begins.
• Any speech intended to incite crime or disturb
  the peace. (only lasts about 10 years)

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Dennis v. United States 1951Clear and Probable
Danger

• 11 leaders of the Communist Party were arrested
  under treason in 1951 for using Communist
  writings that
• Compelled a gov
• overthrow.
• Constitutional

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Yates v. United States 1957

• 89 people were convicted for the same reason six
  years later.
• Found Unconstitutional
• Made a distinction between advocating the
  overthrow of the government and actually doing so

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Brandenburg v. Ohio 1969Now accepted Brandenberg
Test

• Found that even advocating a violent overthrow is
  protected
• Need to show that there is actually immediate
  actions, and likely to produce a result.

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FREEDOM OF THE PRESS

• 4chan.org/b/Ancient Aliens did this

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Prior restraint

• Censorship
• Government has no right to restrain speech before
  it is expressed.

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New York Times v. United States

• New York Times was about to publish the Pentagon
  papers, which told the secret history of the U.S.
  GOV involvement in the Vietnam War. GOV wanted a
  court order to stop printing, claiming it
  threatened national security
• Found constitutional, rejected plea to ban
  publication.