6
Freedom of Speech March 24, 2015 Objective: what can you say and still be protected?

Freedom of Speech March 24, 2015 Objective: what can you say and still be protected?

Embed Size (px)

Citation preview

Page 1: Freedom of Speech March 24, 2015 Objective: what can you say and still be protected?

Freedom of Speech March 24, 2015

Objective: what can you say and still be protected?

Page 2: Freedom of Speech March 24, 2015 Objective: what can you say and still be protected?

"I know a man who is firm - he's firm in his pants, he's firm in his shirt, his character is firm - but most [of] all, his belief in you the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts - he drives hard, pushing and pushing until finally - he succeeds. Jeff is a man who will go to the very end - even the climax, for each and every one of you. So please vote for Jeff Kuhlman, as he'll never come [long pause] between us and the best our school can be. He is firm enough to give it everything."

Page 3: Freedom of Speech March 24, 2015 Objective: what can you say and still be protected?

I. Intro Belief,

Speech,

Action, Hate Speech

Page 4: Freedom of Speech March 24, 2015 Objective: what can you say and still be protected?

II. Courts is speech protected

1. Bad (dangerous) doctrine (Hate speech v. Hate crime)

2. Clear and present danger doctrine (Fire!!)

3. Prior Restraint doctrine1. Before it’s given(WBC)

4. Least drastic means test Ashcroft v. ACLU, 2002

Page 5: Freedom of Speech March 24, 2015 Objective: what can you say and still be protected?

III. Other Areas of Speech

Political speech less restricteddemocracy

“Fighting words” not protected (violence)

Page 6: Freedom of Speech March 24, 2015 Objective: what can you say and still be protected?

III. Other areas of speech1. Symbolic Speech

US v. O’Brien, 1968 Tinker v. Des Moines, 1969 Texas v. Johnson, 1989

2. Sedition Smith Act, 1940=banned advocacy SC:

Imminent dangeroverthrow Doing vs. Believe!