The First Amendment: Freedom of Expression

1
The First Amendment Freedom of Expression

• Congress shall make no lawabridging the freedom
  of speech, or of the press, or the right of
  people peaceably to assemble, and to petition the
  government for a redress of grievances

2
What is Speech?

• Pure speech The spoken word
• Symbolic speech pictures, symbols, art that
  sends a message without words (actions are
  included as long as theyre not violations of
  other laws)
• BOTH are protected by First Amendment, according
  to Supreme Court

3
Supreme Court Protection

• Right to free speech is fundamental (preferred
  position)
• A restriction of free speech should always be
  viewed with skepticism
• Government is obligated to ensure citizens have
  the right to be heard
• First Amendment protects free speech from BOTH
  federal and state governments
• Prior Restraint (restricting press before it is
  printed) forbidden except for national security

4
Limits on Free Speech

• There ARE constitutional limits on speech
• Libel (written) and slander (spoken) false,
  damaging, intent to damage, actual damage
• Obscenity Average person applying community
  standards, offensive, no value
• Clear-and-present-danger If harmful actions can
  result from speech (riots, mobs, false alarms)
• Fighting Words Speech that will lead to
  violence
• Student Speech Limits in school activities

5
Selective Incorporation

• 14th Amendment
• Supreme Court applies Bill of Rights protection
  to state and local governments, too
• 1st Amendment HAS been incorporated through many
  cases