Freedom of Expression - Currituck County Schools

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!
• 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
• Brandenburg v. Ohio (1969): Imminent lawless action
• 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
Why is Free Expression
Important to Democracy?
• Read Values.
• Which is most important and fundamental?
• What costs come with truly free
• When, if ever, should expression be
limited? Which value does that hurt the
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?
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
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.