Freedom of Expression

A. The four rights in the first amendment of speech, press, assembly and petition are collectively known as freedom of expression

B. What is Expression? What is Speech?

1. In addition to words, speech may be symbolic. Actions that express an idea are protected the same as speech.

Tinker v. The Des Moines Independent School District

2. Examples: Flag burning, Wearing an armband

C.Political Speech

1. The main purpose of the first amendment was clearly to protect the right of the people to express opinions about the government

D. But there are limits on Freedom of Expression

1. National Security: If the words incite people to immediate violence then they are not protected.

2. Safety: If the words or actions create a “Clear and Present danger” they are not protected.

Schenk v. United States

3. Fighting Words: Words or actions that a reasonable person would expect to cause a violent reaction are not protected.

Chapinsky v. New Hampshire

4. Obscenity: Obscene or pornographic expression is not protected and is strictly limited

5.Education: Schools are special places. Students have the right to free expression except when it interferes with the education process

Tinker v. The Des Moines Independent School District

E. Freedom of the Press

1. School Newspapers

a. Students do not have the right to print what they want in a school newspaper. The newspaper belongs to the school and as such the administration may edit any article or refuse to print any student work.

Hazelwood School District v. Kuhlmeier (1988)

b. This even applies to public colleges and universities

Morse v. Frederick (2007)

 

2. School Libraries and banned books:

a. Many school ban books from school libraries because of language or theme. Here are some examples;

http://www.adlerbooks.com/banned.html

http://en.wikipedia.org/wiki/List_of_most-commonly_challenged_books_in_the_United_States

b. Example: Comic Book Burnings