Freedom of Expression
Chapter 5, Theme B
Why is the 14th Amendment important
to the Freedom of Expression?
• Starting in 1925 (Gitlow v. NY), the
SCOTUS has applied all 4 forms of
expression in the 1st Amendment to the
states using the Due Process Clause of
the 14th Amendment.
• The Due Process Clause has expanded
the civil liberties of all Americans at the
federal, state and local levels. NO level
may deny life, LIBERTY, or property
without due process!
Expression
• What are types of protected Expression? Discuss
History and examples of each:
– Pure Speech
– Peaceful Assembly
– Symbolic Speech
– Press
– Petition for Redress
– Protests
– Commercial Speech
– Unpopular views/dissent
• How should expression be interpreted?
– Discuss approaches:
• Absolutist, Categorical, Balancing Approaches
Case examples of interpretation
For each case, tell which view is being espoused by
the SCOTUS:
• Brandenburg v. Ohio (1969): Imminent lawless action
doctrine
• Near v. Minnesota (1931): Incorporated limits on prior
restraint to states
• Chaplinsky v. New Hampshire (1942): Fighting words not
protected as free speech
• Tinker v. Des Moines(1969): Students don’t shed rights
at school
• Hazelwood v. Kuhlmeier (1988): Schools are foremost
educators
Why is Free Expression
Important to Democracy?
• Read Values.
• Which is most important and fundamental?
• What costs come with truly free
expression?
• When, if ever, should expression be
limited? Which value does that hurt the
most?
Other Expression Interpretations
• Preferred position doctrine
– Meaning?
– Examples?
• Limits on time, manner, and place
– Meaning?
– Examples?
• Limits on assembly
– Permits
• Limits on the Press
– Libel
• Limits on petition
– Threats
What kinds of expressions are not
protected by the 1st Amendment?
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Obscenity (Discuss quote in book)
Seditious Speech:
Fighting Words (Chaplinsky v. NH)
Non-political symbolic speech (Wearing a
Snoopy t-shirt is not protected)
Disruptive, non-political student speech
(Bethel v. Frasier, Morse v. Frederick)
Blatant threats (Rise of social media cases)
Obstruction of justice
Slander & libel
Why should hate & unpopular
speech be tolerated?
Outline history of cases:
Hate speech/assembly
• Skokie, Illinois cases
Confederate flag as hate symbol
• Virginia v. Black (See video?)
Flag Burning as a form of protest
• Texas v. Johnson
Assembly & protest on public property
• Snyder v. Phelps
http://www.pbs.org/wnet/religionandethics/episodes/
october-8-2010/snyder-v-phelps/7180/
What’s due when…
• Read pp. 113-117 & handouts. Complete
cases study. Take notes on vocabulary,
cases & interpretations.
• Due Tuesday!
• Movies will be shown tomorrow! Be
prepared to give our audience a brief intro
to your video. It would be appropriate to
thank anyone who is not in the class for
their help with the video.