Types of Speech

Pure Speech- peaceful expression of
thoughts & ideas before a willing audience.


Speech Plus- verbal expression plus an
action.


Protected by the 1st Amendment.
Subject to restrictions. Ex: Marching,
demonstrations.
Symbolic Speech- non-verbal using symbols.

Substantial protection. Ex: Picketing, wearing
arm bands, flag burning, cross burning
Speech Plus & Symbolic Speech
Guidelines used in Free Speech
Clear and Present Danger- Immediate
threat to public peace. Sometimes hard to
define.
 Bad Tendency Rule- Speech is restricted
even if it has a tendency to lead to an
illegal action.

 Not
supported by the Supreme Court.
Guidelines used in Free Speech
Preferred Position Doctrine- Freedom of
speech is so essential in a democracy that
it holds a preferred position.
 Prior Restraint- Activity is stopped before
it actually happens.

 Involves
censorship.
 Not supported by the Supreme Court.
 Cannot curb idea before they are expressed.
Unprotected Speech
Libel—printed false & malicious lies,
 Slander—spoken false lies
 Obscenities
 Fighting Words- speech so inflammatory
that it will provoke the avg. listener to
violence.

 Beyond
insulting and
controversial language.
 Immediate violence.
Cyberspace
Virtually unregulated.
 1996 Communications Decency Act- illegal
to transmit indecent material over the
internet.

 1997
Reno v. American Civil Liberties Union-
act declared unconstitutional.
Advertising
“Commercial Speech”
 Free flow of commercial information.
 Laws prohibit false advertising, illegal
goods and services.
 Certain legal products prohibited.

 Ex:
Tobacco
Media
Reporters have gone to jail for not
revealing news sources.
 Shield Laws- protect reporters from
disclosing sources or confidential info.

Motion Pictures
Not considered part of the press.
 “Liberty of expression”
 Protected by the 1st Amendment.

Radio and TV

Extensive Federal regulations
 Federal
Communications Commission (FCC)
Considered “public airwaves”.
 Cable has more protections under the 1st
Amendment.
