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)