The First Amendment: Freedom of Expression

“Congress shall make no law…abridging the freedom of speech, or of the press, or the

right of people peaceably to assemble, and to petition the government for a redress of

grievances”

What is Speech?

• Pure speech: The spoken word

• Symbolic speech: pictures, symbols, art that sends a message without words (actions are included as long as they’re not violations of other laws)

• BOTH are protected by First Amendment, according to Supreme Court

Supreme Court Protection

• Right to free speech is fundamental (preferred position)

• A restriction of free speech should always be viewed with skepticism

• Government is obligated to ensure citizens have the right to be heard

• First Amendment protects free speech from BOTH federal and state governments

• Prior Restraint (restricting press before it is printed) forbidden except for national security

Limits on Free Speech• There ARE constitutional limits on speech

– Libel (written) and slander (spoken): false, damaging, intent to damage, actual damage

– Obscenity: Average person applying community standards, offensive, no value

– Clear-and-present-danger: If harmful actions can result from speech (riots, mobs, false alarms)

– “Fighting Words”: Speech that will lead to violence

– Student Speech: Limits in school activities

Selective Incorporation

• 14th Amendment

• Supreme Court applies Bill of Rights protection to state and local governments, too

• 1st Amendment HAS been incorporated through many cases