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  • 1) What Is Included in Freedom of Speech ?

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    Léa Giovannoni
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    The document discusses freedom of speech as protected by the First Amendment. It outlines the theoretical justifications for this protection, including the marketplace of ideas, self-government, and self-realization. It then describes what is included under freedom of speech and some limited circumstances where speech can be regulated, such as advocacy of illegal conduct, fighting words, obscenity, libel, commercial speech, true threats, and offensive/hate speech. Key Supreme Court cases that have shaped the boundaries of this protection are referenced.

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    THE FIRST AMENDMENT.docx

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    The document discusses freedom of speech as protected by the First Amendment. It outlines the theoretical justifications for this protection, including the marketplace of ideas, self-government, and self-realization. It then describes what is included under freedom of speech and some limited circumstances where speech can be regulated, such as advocacy of illegal conduct, fighting words, obscenity, libel, commercial speech, true threats, and offensive/hate speech. Key Supreme Court cases that have shaped the boundaries of this protection are referenced.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    23 views2 pages

    1) What Is Included in Freedom of Speech ?

    Uploaded by

    Léa Giovannoni
    The document discusses freedom of speech as protected by the First Amendment. It outlines the theoretical justifications for this protection, including the marketplace of ideas, self-government, and self-realization. It then describes what is included under freedom of speech and some limited circumstances where speech can be regulated, such as advocacy of illegal conduct, fighting words, obscenity, libel, commercial speech, true threats, and offensive/hate speech. Key Supreme Court cases that have shaped the boundaries of this protection are referenced.

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    THE FIRST AMENDMENT I / SPEECH, PRESS, ASSEMBLY, PETITION AND ASSOCIATION A.

    Freedom of speech Based on the historical context, there are a number of theoretical justifications of the freedom of speech accorded by the 1st amendment : The marketplace of ideas : open debate is necessary in a society in order for true ideas to prove their merit, and false ideas to be refuted The self government : citizens must be able to criticize and question the government without fear of reprisal The self realization = it allows the citizen to explore the widest range of ideas and perspective in order to achieve autonomy and personal fulfillment

    1) What is included in freedom of speech ? Expressive conduct Freedom from compelled speech Freedom from prior restraint on speech

    2) Congress shall make no law Despite the 1st amendment injunction that congress shall make no law curtailing freedom of speech, in reality the supreme court has always recognized the need for some government regulation of speech in some circumstances : Advocacy of illegal conduct : Free speech may only be impeded under the rare circumstances that it is "directed to inciting or producing imminent lawless action. Bradenburg v. Ohio 1969 Fighting words : it is a limitation to freedom of speech The Chaplinsky ruling defined fighting words rather broadly. This doctrine included words which are likely to incite an immediate fight and words which inflict injury. Chaplinsky v. state of New Hampshire (1942) Obscenity : Miller v. California (1973) was an important United States Supreme Court case involving what constitutes unprotected obscenity for First Amendment purposes. The decision reiterated that obscenity was not protected by the First Amendment and established the Miller test for determining what constituted obscene material. Libel : New York Times Co. v. Sullivan, (1964), was a United States Supreme Court case which established the actual malice standard which has to be met before press reports about public officials or public figures can be considered to be defamation and libel Commercial speech :

    True threats :

    Offensive language and hate speech :

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