Personal Freedoms
 Today I will analyze Americans’
freedom of speech and how the
Supreme Court has influenced its
practice.
 Amendment I exists to protect citizens’
expression of __________ ideas.
 Under what conditions should the
government control your freedom of
speech?
 Pure speech
 What are
examples of verbal
expression?
 Symbolic speech
 Examples of
expressive
conduct?
 Should students be able to wear black
armbands to protest the Vietnam War?
 Is burning the
American flag
freedom of
speech?
 Can protesters
picket in front of
a private
residence?
 Calls for resistance to lawful authority
 Calls for overthrow of government
1. Clear and present danger
2. Bad tendency
3. Preferred position
 Schenck v. The United States
"The question in every case is whether
the words used are used in such
circumstances and are of such a nature
as to create a clear and present
danger that they will bring about the
substantive evils that the United States
Congress has a right to prevent. It is a
question of proximity and degree.
When a nation is at war, many things
that might be said in time of peace are
such a hindrance to its effort that their
utterance will not be endured so long
as men fight, and that no Court could
regard them as protected by any
constitutional right."
 Gitlow v. New York (1925)
 Is it ok to advocate the overthrow of
the government?
 Freedom of speech
is the basis of all
liberties
 Any law limiting
Freedom of Speech
is presumed
unconstitutional
 Read pgs. 366-368
 Complete study guide