AP Government
2015-2016
Unit 4: Civil Liberties and Rights
Lesson 4
I.
Introduction
A. Objective: Free Speech
B. Do Now: Do we have the freedom to say whatever we want? Explain.
II.
Historically
A. Types
1. Pure Speech
2. Speech Plus
B. First Amendment
C. Alien and Sedition Acts of 1798
III.
Inciting Action
A. Schenck v. United States (1918) - #1
B. Gitlow v. New York (1922) - #2
C. Dennis v. United States (1950) - #3
D. Brandenburg v. Ohio (1968) - #4
E. “Clear and Present Danger”
IV.
Fighting Words
A. Cantwell v. Connecticut (1939) - #5
B. Chaplinski v. New Hampshire (1941) - #6
C. Terminiello v. Chicago (1948) - #7
D. Feiner v. New York (1950) - #8
E. R.A.V. v. City of St. Paul (1992) - #9
F. Snyder v. Phelps (2011) - #10
V.
Symbolic Speech
A. United States v. O’Brien (1968) - #11
B. Texas v. Johnson (1989) - #12
VI.
School Speech
A. Tinker v. Des Moines (1969) - #13
B. Island Trees School District Board of Education v. Pico (1982) - #14
C. Bethel School District No. 403 v. Fraser (1986) - #15
D. Hazelwood School District v. Kuhlmeier (1988) - #16
E. Morse v. Frederick (2007) - #17
VII.
Obscenity
A. Roth v. United States (1957) - #18
B. Miller v. California (1973) - #19
C. New York v. Ferber (1982) - #20
AP Government
VIII.
2015-2016
Conclusion
A. The concept of free speech has been constantly challenged, re-evaluated, and redefined since the Constitution was
first created.
B. The country and the culture have evolved beyond what the Framers of the Constitution envisioned. The Supreme
Court has repeatedly ruled on when speech is allowed and when speech is prohibited.
C. The Supreme Court has historically been reluctant to limit speech unless it is slanderous, egregious, a threat to
public safety, or a national security risk. These instances are often difficult to pinpoint, and courts generally err on
the side of protecting speech.
D. Most forms of symbolic speech are protected; however, there are limitations. For example, the government is
often allowed to regulate speech that occurs in a public forum or in special facilities such as military bases, schools,
and prisons. Other limits of free speech involve obscenity, defamation, commercial speech, and speech that leads
to unlawful action.
Key Terms, Concepts, Events, People, and Places:
Pure Speech
Speech Plus
Espionage Act of 1917
Schenck v. U.S.
“Clear and Present Danger” “Dangerous Tendency” Test
First Amendment
Alien and Sedition Acts
Gitlow v. NY
Brandenburg v. Ohio
Fighting Words
Chaplinsky v. New Hampshire
Tinker v. Des Moines
Snyder v. Phelps
Symbolic Speech
Texas v. Johnson
Hazelwood v. Kuhlmeier
Roth v. U.S.
Miller v. California
Questions to Consider:
1. What is the difference between Pure Speech and Speech Plus? Why must a distinction be made?
2.
How would you explain the “Clear and Present Danger” limit on our freedom of speech? Back up your
explanation with cases.
3.
Are “fighting words” protected under the First Amendment? Explain using cases.
4.
What is symbolic speech and why is it protected by the First Amendment? Explain using cases.
5.
How are First Amendment rights guaranteed to students? How are First Amendment rights limited for
students? Explain using cases.
6.
Is obscenity protected under the First Amendment? Explain using cases.