Freedom of speech

Question 1

What is the primary reason for free speech?

Answer 1

The primary reason for free speech is to allow for public criticism of the government

Question 2

Why does the 1st amendment not protect all forms of speech?

Answer 2

The 1st amendment protects you from the government doing things to try and deny your speech, but not other people. This means that you do not have an absolute right to say whatever you want, whenver you want, to whomever you want and not suffer any consequences.

Question 3

Give an example of how the 1st amendment does not protect all forms of speech

Answer 3

For instance, if you work for a private company, you can be fired for saying mean things about colleagues or revealing company secrets, and you cannot make a 1st amendment appeal against this

This changes if your boss is part of the government, in which case you might be able to make a 1st amendment appeal

Question 4

What type of speech is most strongly protected

Answer 4

The speech that gets the strongest protection is political speech. This can be defined as speech that criticises or praises particular officials, their policies or their parties. It is given preferred position, which means that any law, regulation or executive act that limits political speech is almost always struck down by the courts

Question 5

What case made the final decision on the sanctity of political speech?

Answer 5

Brandenburg v Ohio (1968)

Question 6

Describe this case

Answer 6

In this case a KKK leader was making a speech that was offensive and could have been considered threatening. The court ruled that because the speech was political, it was protected by the 1st amendment, no matter how outrageous it was. The ruling said that the only type of political speech that can be suppressed are examples that are directed at producing imminent dangerous action, and are likely to produce this action

Question 7

What precedent did the case set about political speech?

Answer 7

According to this decision, the 1st amendment protects speech even if it advocates the use of force or encourages people to violate the law, unless what you say it likely to produce the thing that you are advocating, and if it is likely to produce this imminently

Question 8

What previous ruling did this ruling undermine?

Answer 8

US v Schenck (1917)

Question 9

Describe this case?

Answer 9

In this case, Schenck gave out pamphlets encouraging people to avoid the WWI draft. This was a violation of the espionage act, which made it a crime to obstruct a draft for the war effort. The court stated that political speech could be limited when it presents a clear and imminent danger. To illusrate this, he said that the 1st amendment does not protect someone who shouts ‘fire’ in a crowded theatre. This case was given to aid the government, as it gives them a lot of leeway to say what constitutes dangerous speech, especially in a time of war

Question 10

Explain the significance of symbolic speech

Answer 10

Political speech isn’t the only type of speech the courts have addressed. Symbolic speech can also be protected by the 1st amendment. If this symbolic speech has political content, it is usually protected. Symbolic speech includes things like wearing armbands and carrying signs including those that say rude things about the government. It also involves burning the American flag. Not all symbolic speech is protected though…

Question 11

Give an example of a case where symbolic speech was not protected

Answer 11

Morse v Frederick 2007

Question 12

Describe what the case was about

Answer 12

In 2002, Juneau-Douglas High School in Alaska suspended student Joseph Frederick after he displayed a 14 foot banner saying ‘bong hits for Jesus’ on a public sidewalk across the street from the school during the 2002 Winter Olympics torch relay. Frederick sued, claiming that the school had violated his 1st amendment right to free speech. The federal district court dismissed his appeal, but the 9th circuit court of appeals reversed this decision, concluding that his right to free speech had been violated. The case then went on to the SC

Question 13

What was the outcome of the case?

Answer 13

In a 6-3 decision, the court ruled that the school had not violated his right to free speech. The decision stated that the headteacher of a school may restrict student speech at a school event when that speech can be reasonably viewed as promoting illegal drug abuse, as schools have an important interest in preventing student drug use. The court said that if the headteacher had failed to act against the banner, it would have sent a message to her students that the school was not serious about banners promoting illegal drug use

Question 14

Explain the significance of the case

Answer 14

The decision is narrow since it only applies to student speech promoting drug use, but in theory future courts could apply it to other student speech that undermines schools or threatens student safety

Question 15

What type of case was this?

Answer 15

The case overturned a previous court decision, overruling the 9th circuit court of appeals’ ruling that the student had had his first amendment right to free speech violated

Question 16

Explain the significance of hateful speech

Answer 16

Even hateful speech is protected. Public universities that try and discipline hate speech have been struck down

Question 17

Explain the significance of commercial speech

Answer 17

Commercial speech might not be protected, but if its political commercial speech, it will be

Question 18

What was controversially determined to be a form of political speech in Citizens United v the FEC?

Answer 18

Spending money on political campaigns has been determined to be a form of political speech

Question 19

What are the only forms of speech that are not protected?

Answer 19

The only form of speech that is not protected, aside from the previously discussed speech that it supposed to incite violence, is something called ‘fighting words’

Question 20

Give an example of fighting words not being protected

Answer 20

In an actual case that dealt with fighting words, Chaplinsky v New Hampshire, the defendant uttered what seemed more like insults than a call to fisticuffs. Despite this, the court ruled that some words were so insulting that they were more than likely to result in a fight. Fighting words in all their forms are not protected speech

Question 21

Why can the 1st amendment be seen as effectively protecting free speech?

Answer 21

The 1st amendment effectively prevents the government from punishing you for what you say in most instances

Question 22

Why is the 1st amendment limited?

Answer 22

It is important to remember that the 1st amendment is not unlimited. It only protects you from government action, not the actions of people or employers

Question 23

Explain the significance of Pickering v Board of Education

Answer 23

For instance, in Pickering v Board of Education, a public school teacher wrote a letter to the editor of his local newspaper complaining about the way that the school board was spending money on schools. Despite not using any school resources to do this, the teacher was fired. He appealed to the SC, saying that he had been fired for political speech rather than for his job performance, and he won. This only worked for the teacher because his employer was the government

Question 24

What is the similarity between the 1st amendment and all the other amendments?

Answer 24

The 1st amendment, like all the amendments, is designed to protect US citizens from an overreaching government