Freedom of Speech
Key Terms
pure speech, symbolic speech, seditious speech,
defamatory speech, slander, libel
Find Out
• How has the Supreme Court applied the principles
of “clear and present danger” and the bad
tendency doctrine in determining free speech?
• What speech is protected by the First
Amendment, and what speech is not protected?
Freedom of Speech
Understanding Concepts
Civil Liberties What is the intent of the preferred
position doctrine?
Section Objective
Explain how the First Amendment protects diversity of
opinion in the United States.
More than 2,000 years ago, a Greek
philosopher named Diogenes said, “The
most beautiful thing in the world is free
speech.” Just as ancient Greece valued
freedom of speech, United States citizens
also regard it as one of their most
fundamental rights. In fact, the nation’s
founders included this freedom as a basic
part of the first amendment they added to
the Constitution.
I. Types of Speech (pages 366–367)
A. Free speech includes verbal expression of
thought and opinion and symbolic speech,
using actions and symbols.
B. Because symbolic speech involves action, it
may be limited by government restrictions
that do not apply to free speech.
C. Government can regulate or forbid symbolic
speech if it falls within the constitutional
power of government, if it is narrowly drawn
to further a government interest not related
to suppressing speech, or if it leaves open
enough other channels of communication.
I. Types of Speech (pages 366–367)
Compare pure speech and symbolic
speech. In what ways are they similar? In
what ways are they different?
Pure speech is verbal expression; symbolic
speech is actions and symbols; both are
protected by the First Amendment.
II. Regulating Speech (pages 367–369)
A. The rights of free speech must be balanced
against the need to protect society.
B. Free speech may be limited when it clearly
presents an immediate danger, as in the
Schenck case (1919).
C. Free speech can be restricted even if it only
tends to lead to illegal action (the bad
tendency doctrine), given society’s need to
maintain public order.
II. Regulating Speech (pages 367–369)
D. The Court has ruled that the First
Amendment freedoms have a preferred
position because they are more fundamental
than other freedoms; laws limiting them are
presumed unconstitutional.
E. The Court has held that people are free to
speak out in support of political objectives;
however, free speech does not protect
those who advocate immediate and specific
acts of violence.
II. Regulating Speech (pages 367–369)
What three constitutional tests has the
Supreme Court used when deciding whether
limits on free speech are permissible?
“Clear and present danger” rule, bad tendency
doctrine, preferred position doctrine.
III. Other Speech Not Protected (pages 369–370)
A. The First Amendment does not protect
defamatory speech.
B. Defamatory speech includes slander, or
spoken words, and libel, or written words,
in false and damaging statements
about someone.
C. Public officials and public figures in general
are excluded from the right to sue for
slander in order to preserve an individual’s
right to criticize the government.
III. Other Speech Not Protected (pages 369–370)
D. Fighting words, or speech intended to
provoke violence, are not protected.
E. School authorities can regulate students’ free
speech at school events and during activities.
III. Other Speech Not Protected (pages 369–370)
Do you agree or disagree with limits on
students’ freedom of speech in public
schools? Use examples of these limits to
explain your opinion.
Answers will vary. See cases on text page 370.
Checking for Understanding
1. Main Idea Use a Venn diagram like the one
shown here to explain the difference between
slander and libel.
Slander: spoken; Libel: written
Checking for Understanding
Match the term with the correct definition.
___
E pure speech
___
A symbolic
speech
A. the use of actions and symbols, in
addition to or instead of words, to
express opinions
B. false speech intended to damage a
person’s reputation
___
C seditious
speech
C. speech urging resistance to lawful
authority or advocating the overthrow of
the government
___
F defamatory
speech
D. false written or published statements
intended to damage a person’s
reputation
___
B slander
E. the verbal expression of thought and
opinion before an audience that has
chosen to listen
___
D libel
F. false speech that damages a person’s
good name, character, or reputation
Checking for Understanding
3. Identify “clear and present danger.”
The phrase “clear and present danger” refers
to a test judges frequently rely on to resolve the
conflict between free expression and the
demands of public safety.
Checking for Understanding
4. What three tests does the Supreme Court use
to set limits on free speech?
clear and present danger—speech presenting
immediate danger is not protected; bad
tendency—speech can be restricted even if it
only tends to lead to illegal action; preferred
position—speech should not be limited unless
absolutely necessary
Checking for Understanding
5. What types of speech does the First
Amendment not protect?
The First Amendment does not protect seditious
speech, defamatory speech, “fighting words,”
and certain types of student speech.
Critical Thinking
6. Making Comparisons How does freedom of
speech in the United States differ in wartime
and in peacetime? Refer to Supreme Court
decisions in your answer.
Speech considered seditious during war
[Schenck (1919) and O’Brien (1968)] was
protected in peacetime [Yates (1957) and
Brandenburg (1969)].
Civil Liberties The Supreme Court has
held that First Amendment freedoms are
more fundamental than others. Read a
Court decision in this chapter and create a
political cartoon supporting or opposing the
Court’s view. Post your cartoon on a bulletin
board and challenge other students to
guess the case that it identifies.