Freedom of Speech
Purpose for Freedom of Speech:
 To guarantee to each person a right of Free expression,
in the Spoken and the Written word, and by all other
means of communication.
 To guarantee ALL persons a full, wide-ranging
discussion of public affairs.
Who does freedom of speech
protect?
 It is intended to protect the expression of unpopular
opinions or views.
 “freedom for the thought that we hate” Justice Oliver
Wendell Holmes
 Remember some forms of expression are not protected
by the Constitution. Many reasonable restrictions can
be placed on those rights.
Types of Speech:
Seditious Speech
 Definition- the advocating, or urging the crime to
attempt to overthrow the government by force, or to
disrupt its lawful activities by violent acts.
Alien and Sedition Acts
 1798- gave the President the power to deport undesirable




aliens.
And made “ any false, scandalous and malicious” criticism
of the government a crime.
Very Unconstitutional!
1917- Espionage Act of 1917- made it a crime to encourage
disloyalty, interfere with the draft, obstruct recruiting,
incite insubordination in the armed forces or hinder the
sale of government bonds.
Also made it a crime to “willfully utter, print, write or
publish any disloyal, profane…or abusive language about
the form of government of the United States.”
The Smith Act of 1940
 Made it a crime for anyone to advocate the violent
overthrow of the US Government, to distribute
material that teaches or advises violent overthrow, or
to knowingly belong to any group with such an aim.
 This act is still on the books today.
Obscenity
 Is not protected by the Constitution…but the Supreme
Court has had to deal with these questions.
 What language and images in printed matter, films,
and other materials are, in fact, obscene?
 What restrictions can be properly placed on such
materials?
Miller vs. California 1973
 The court laid down a three part test to determine what
material is obscene and what is not.
 A book, film, recording, or other piece of material is legally
obscene if
 1. “the average person applying contemporary (local)
community standards” finds that the work , taken as a whole,
“appeals to the prurient interest”---that is, tends to excite lust;
 2. “the work depicts or describes, in a patently offensive way,”
a form of sexual conduct specifically dealt with in an antiobscenity law;
 3. “the work, taken as a whole, lacks serious literary, artistic,
political, or scientific value.”
Obscenity
 Cannot be within 1000 feet of a residential
neighborhood, church, park or school.
 Cannot be found on Government owned computers.
 Cities can limit nude dancing.
 Discuss other examples for Utah…
Types of Obscenity
 Adult book stores
 Adult theaters/clubs
 Adult content magazines
 When is it considered art?
 Class discussion…
Symbolic Speech
 Definition: When people communicate ideas by
conduct, or by the way they do a particular thing.
 Examples:
 Picketing involves patrolling of a business by workers
who are on strike or are against a certain action.
 If it is done peacefully and does not interfere with the
government or a business then it is protected.
Other examples of SYMBOLIC
SPEECH
 Burning draft cards
 Burning the American flag
 Burning of a cross
 Armbands and buttons
 Are these above items protected?
Defamation
 There are two types of defamation.
 Slander- when someone says something about someone
that is not true and hurts their reputation.
 Libel- When someone prints something that is not true
and hurts their reputation.
 Make sure what you say and write are TRUE!
Commercial Speech
 -Is for business purposes/advertising
 Prohibits false and misleading ads
 Prohibits the sell of illegal goods or services
 1970- tobacco ads made illegal on radio and TV
 1986- extended to chew and snuff
Prior Restraint
 Definition- The government cannot place any prior
restraint on spoken or written words. Meaning the
government cannot stop you from saying something
because they think they know what you are going to
say.
 They can punish for things after they are said.
 Examples: Ethnic slurs and fighting words
Exceptions to prior restraint
 Cases of wartime
 Obscenity
 Incites a riot
 No political material on American bases without
government approval
 CIA employees
 In Federal prisons- It is “ detrimental to security or
discipline”
 ***School newspapers
Time, place and manner
 The government can regulate
 When?
 Where?
 How?
 Give examples.