Chapter 6 Section 2

1. List and describe the three types of speech.

-Pure Speech may be delivered calmly in the privacy of one’s home or passionately in front of a crowd. Most protected by the first amendment.

-Speech Plus is when actions such as marching or demonstrating happen as well as speech. They cannot obstruct traffic, block sidewalks, illegally trespass, or endanger public safety.

-Symbolic Speech involves using actions and symbols instead of words to express opinions. Supreme Court decisions on First Amendment protection of symbolic speech have been mixed.

2. How has Congress regulated speech? List three ways and describe each.
-Clear and Present Danger Test

When the speech in question clearly presents an immediate danger, the first amendment does not protect it.

-The Bad Tendency Doctrine

Speech could only be restricted if it had only a tendency to lead to illegal action.

-The Preferred Position Doctrine

First Amendment freedoms are more fundamental than other freedoms because the provide the basis of all liberties

Any law limiting these freedoms should be presumed unconstitutional unless the government can show it is absolutely necessary

-Sedition Laws

The first Amendment does not protect speech intended to advocate immediate and concrete acts of violence.

People are free to speak out in support of their political objectives, however, as long as they do not use violence.

3. What types of speech is not protected?
-Defamatory Speech: false speech that damages a person’s good name, character, or reputation.

-Fighting Words: words that are so insulting that they provoke immediate violence do not constitute free speech. (i.e. “your mom” jokes)

-Student Speech: students do not give up all of their rights to free speech while in high school, but school authorities can determine what is and isn’t appropriate (“BONG HiTS 4 JESUS” is no bunk)

4. How have changes in Supreme Court definitions of seditious speech expanded First Amendment rights? Cite cases to support your answer. 

In Dennis v. United States, the court used the “clear and present danger” test to uphold the conviction of 11 communist party leaders under said act.

In Yates v. United States, a case that rhymes beautifully, the court overturned convictions of several other communist party members because it decided that merely expressing the opinion the government should be overthrown is not illegal. Because of this case, the court distinguished the difference between urging the people to believe in an action versus urging them to take action in something.

In Brandenburg v. Ohio, the court realized that the first amendment does not protect speech intended to advocate immediate and concrete acts of violence. People are free to speak out in support of their political objectives as long as they do not use violence.

5. List how the Supreme court has limited student speech.

students do not give up all of their rights to free speech while in high school, but school authorities can determine what is and isn’t appropriate

the first amendment does not prevent school officials from suspending students for lewd or indecent speech at school events