TSWBAT

1
TSWBAT

• List and describe various instances in which the
  first amendment right to freedom of speech is not
  protected.
  

2
Warm Up

• We closed out last week looking at the Bill
  of Rights, or the first 10 amendments of the US
  Constitution. The Bill of Rights define citizens
  rights in relation to the government, however,
  those rights are not absolute.
• What is meant by that statement?

3
Freedom of Speech

• Not an Absolute Right
• Practical Law

4
From the Constitution...

• Congress shall make no law...abridging the
  freedom of speech...
  
• Why is freedom of speech so important?
• Can you think of any situations in which the
  government should limit the ability of a citizen
  to express his/her opinion?

5
Obscenity

• Anything that treats sex or nudity in an
  offensive or lewd manner
  
• Miller v. California

6
Defamation

• False expression about a person that damages that
  persons reputation
  
• Spoken? Slander Written? Libel
• Example of the Patient and her Doctor

7
Commercial Speech

• Advertising
• Ban on commercial speech that
• May lead to unprofessional/irresponsible
  behavior
  
• Is false or misleading

8
Fighting Words, Offensive Speakers, and Hostile
Audiences

• Language that is abusive or threatening? Not
  protected if it may lead to violence
  
• Clear and Present Danger test
• Incitement test
• Hate Speech

9
Time, Place, and Manner Restrictions

• When, Where, and How speech is expressed
• Example? Local ordinances may require permits,
  designate areas, and specify times for
  demonstration/speeches
  
• Public versus Nonpublic Forums

10
Symbolic Speech

• Nonverbal communication
• Examples? Sit-ins, flag waving, wearing armbands
  or protest buttons
  

11
Vagueness and Overinclusive Laws

• Laws governing speech must be clear and specific

12
Learning Log

• How do you define obscene? Have you every seen
  a video or heard a song you thought was
  inappropriate? What made you think so?