“Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people to peaceably assemble,
and to petition the government for a redress
of grievances”
First Amendment Freedoms:
Freedom of Speech
Freedom of Religion
Freedom of the Press
Freedom of Assembly
Right to Petition
• The Supreme Court makes rulings on
the meaning
• The Supreme Court balances the
rights of the individual with the needs
of society
Individual??
Society??
• The first amendment guarantees Americans the freedom of
speech. Does that mean that you can say what you want, when
you want, where you want?
Freedom of Speech
There are 3 types of speech:
1. Symbolic
2. Speech Plus Action
3. Pure Speech
Freedom of Speech
Symbolic Speech: action that is meant to
convey a message.
Freedom of Speech
Speech Plus Action: when you say AND do
something at the same time to convey a
message.
Freedom of Speech
Pure Speech: written and spoken words that
are protected by the First Amendment,
unless those words create a “clear and
present danger” to society or if they
constitute libel, slander, or obscenity
• something that someone
WRITES about you that
harms your reputation.
• Lindsay Lohan is suing rapper
Pitbull over a rap lyric, "locked up
like Lindsay Lohan." According to
the lawsuit: "By virtue of [the
song's] wide appeal,
condemnation, excoriation,
disparaging or defamatory
statements by the defendants
about [Lohan] are destined to do
irreparable harm."
• something that someone SAYS about you
that harms your reputation.
• When blood was found in the tub at the Intercontinental Hotel in
London , a housekeeper claimed Lady Gaga bathed in blood as a
part of a Satanic ritual.
• Concerning slander between John Adams and Thomas Jefferson,
Adams’ organization called Jefferson "a mean-spirited, low-lived
fellow, the son of a half-breed Indian squaw, sired by a Virginia
mulatto father." They also called him an atheist, a weakling, a
coward and a libertine.
• Speech that causes a rebellion or
Civil Unrest
• Bradenburg v. Ohio
• The Brandenburg v. Ohio U.S.
Supreme Court decision maintains
that seditious speech—including
speech that constitutes an incitement
to violence—is protected by the
First Amendment to the United
States Constitution as long as it
does not indicate an “imminent”
threat.
• Facts: Students at a high school in Iowa decided to wear
black armbands to school. The armbands represented
their protest of the Vietnam War. They were suspended
and parents filed suit against the school board. The case
tied and went to the Supreme Court.
• Type of speech used? Symbolic
• Who won? Students won
• Why? First Amendment rights are protected on school
grounds as long as actions do not interfere with the school
day.
• Facts: Gregory Lee Johnson burned a flag in
front of Dallas City Hall in protest of the
Reagan administration. He was arrested and
sentenced to one year in jail.
• Type of speech used? Symbolic
• Who won? Johnson won
• Why? The action was protected expression
under the First Amendment. Speech can’t be
limited because society finds the idea itself
offensive.
• Facts: David O’Brien burned his draft card at a
Boston courthouse. He was convicted under a
federal law for the destruction of draft cards.
• Type of speech used? Symbolic
• Who won? United States won
• Why? This was not an infringement on O’Brien’s
freedom of speech.
Facts: Matthew Fraser made a speech that
included inappropriate or obscene remarks. He
was suspended .
Type of speech used? Pure speech
Who won? School District
Why? It was appropriate to prohibit the use of
vulgar and offensive language
Facts: The family of Snyder accused Phelps and
his congregation of defamation, invasion of
privacy, and inflicting emotional distress because
they demonstrated at Snyder’s funeral.
Type of speech used? Pure Speech
Who won? Phelps
Why? First Amendment protected Phelps rights to
protest