Essential Question
• How does the Constitution protect
citizen rights?
Citizen Rights (2)
Freedom of Speech
• Democratic
government
requires every
person has the
right to speak
freely
Pure Speech
• Verbal expression of
opinion before an
audience that has
chosen to listen
Symbolic Speech
• Using actions and
symbols to express
opinions
Texas v. Johnson (1989)
• Flag-burning is
protected as
symbolic speech
Limiting Speech
• Right of free speech
must be balanced
against the need to
protect society
Seditious Speech
• Any speech urging
resistance to lawful
authority or
advocating the
overthrow of the
government
Court Guidelines
• Three constitutional tests to establish limits on
speech:
a. The clear and present danger rule
b. The bad tendency doctrine
c. The preferred position doctrine
Clear and Present Danger
• When the speech in
question clearly
presents an
immediate danger
Schenck v. United States (1919)
• Schenck urged
draftees to obstruct
the war effort in WWI
• During wartime this
speech threatened
the well-being of the
nation
The Bad Tendency Doctrine
• Gitlow v. New
York (1925)
• Speech restricted
if it had a
tendency to lead
to illegal action
Preferred Position Doctrine
• First Amendment
freedoms hold a
preferred position
over competing
interests
• Government must
show limiting them is
absolutely necessary
Brandenberg v. Ohio
• KKK leader arrested for
refusing to end a rally
and cross burning
• Court ruled in his favor
as there was no
evidence his speech
intended to create
immediate acts of
violence
Defamatory Speech
• 1st Amendment
does not protect
false speech that
damages a
person’s name
• Slander – spoken
• Libel - written
“Fighting Words”
• Words so
insulting they
provoke
immediate
violence
• Do not constitute
free speech
Freedom of the Press
• At times the right of
the press to gather
and publish
information
conflicts with other
rights
Prior Restraint
• Censoring of the
press by
government
• Can only occur in
cases related to
national security
Sheppard v. Maxwell (1966)
• Overturned
conviction of
murderer because
of pre-trial press
coverage
Reno v. American Civil Liberties Union
(1997)
• Internet speech
deserves the same
First Amendment
protection as print
media
Freedom of Assembly
• Right of the people
to peaceably
assemble and
petition the
government
DeJonge v. Oregon (1937)
• DeJonge was
convicted of holding
a Communist Party
meeting
• Conviction
overturned as
peaceful assembly
for discussion
Public Assembly
• Freedom includes
right to parade and
demonstrate in public
Cox v. New Hampshire (1941)
• A city can require a
parade permit in
order to march
because of safety
to citizens
Grayned v. City of Rockford
• Upheld a ban on
demonstrations near
schools that were
intended to disrupt
classes
The Skokie Case (1977)
• The American Nazi
Party planned to hold
a rally in a Jewish
suburb of Chicago
• Court allowed the
march
Feiner v. New York (1950)
• Police arrested a man
whose public
speaking incited a
violent crowd
response
• Court upheld his
arrest as an act to
keep the peace