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Freedom of Speech and the PressThe 1st Amendment
Question: Discuss with your table partner• Why are freedom of speech and freedom of the press so
important?• Share
Two Types of Speech
Pure Speech
• Spoken Word• Conversation between
two people• Speech to a crowd of
thousands
Symbolic Speech
• Combines actions and symbols-with or without words-to express ideas.• Example: flag burning as
protest
Question: Discuss• Should there be limits on free speech?• What is the criteria?• Discuss.
Limits of Free Speech
Seditious Speech
• Speech which encourages overthrow or disruption of Government• “Clear and present
danger” is yardstick.• People punished if use
words to promote criminal acts as opposed to just believing something
Landmark Case
• Schenck vs. United States 1919• See summary
Other Speech not protected
Limits
• Defamation: false words that damage a person’s character or good name• Slander: spoken
defamatory words• Libel: written
defamatory words• “fighting words”: speech
so insulting that would cause someone to hit another
Hazelwood School District v. Kuhlmeier
• Student Speech:• Indecent or vulgar
speech• Speech in school
newspapers, plays and school related activities.• See also Tinker v. Des
Moines School District (1969)
Freedom of the Press• 2 issues• No prior restraint. Prior restraint is forbidding the expression
of ideas before they expressed.• Congress could make up a list of what could not be expressed. • Shield Laws: no national shield law allowing press keep
sources secret.• See: New York Times Co. v. United States (1971)
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