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Title: SOMEONES OPINION: What Does Free Speech Mean?
Source: www.uscourts.gov
URL Source: https://www.uscourts.gov/about-fede ... h/activity-resources/what-does
Published: Apr 19, 2020
Author: Staff
Post Date: 2020-04-19 08:00:45 by Gatlin
Keywords: None
Views: 1115
Comments: 9

What Does Free Speech Mean?

Among other cherished values, the First Amendment protects freedom of speech. The U.S. Supreme Court often has struggled to determine what exactly constitutes protected speech. The following are examples of speech, both direct (words) and symbolic (actions), that the Court has decided are either entitled to First Amendment protections, or not.

Freedom of speech includes the right:

  • Not to speak (specifically, the right not to salute the flag). West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).

  • Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”). Tinker v. Des Moines, 393 U.S. 503 (1969).

  • To use certain offensive words and phrases to convey political messages. Cohen v. California, 403 U.S. 15 (1971).

  • To contribute money (under certain circumstances) to political campaigns. Buckley v. Valeo, 424 U.S. 1 (1976).

  • To advertise commercial products and professional services (with some restrictions). Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977).

  • To engage in symbolic speech, (e.g., burning the flag in protest). Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).
Freedom of speech does not include the right:
  • To incite actions that would harm others (e.g., “[S]hout[ing] ‘fire’ in a crowded theater.”). Schenck v. United States, 249 U.S. 47 (1919).

  • To make or distribute obscene materials. Roth v. United States, 354 U.S. 476 (1957).

  • To burn draft cards as an anti-war protest. United States v. O’Brien, 391 U.S. 367 (1968).

  • To permit students to print articles in a school newspaper over the objections of the school administration. Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

  • Of students to make an obscene speech at a school-sponsored event. Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).

  • Of students to advocate illegal drug use at a school-sponsored event. Morse v. Frederick, __ U.S. __ (2007).

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Begin Trace Mode for Comment # 5.

#1. To: Gatlin (#0) (Edited)

One thing to keep in mind when looking at free speech -- up until 1925, free speech was protected only from federal interference. State and local governments were free to prohibit speech (and many did) assuming their state constitutions allowed them to do so. This is called a "federal republic". Which we were.

But that's too messy for the liberals who desire a one-size- fits-all government. So, rather than trying to lobby 50 states to pass restrictive laws, they only have to lobby the federal government.

misterwhite  posted on  2020-04-19   9:34:50 ET  Reply   Untrace   Trace   Private Reply  


#2. To: misterwhite (#1) (Edited)

One thing to keep in mind when looking at free speech -- up until 1925, free speech was protected only from federal interference. State and local governments were free to prohibit speech (and many did) assuming their state constitutions allowed them to do so. This is called a "federal republic". Which we were.

Which states didn't or don't have freedom of speech and assembly in their constitutions?

Also the 14th amendment although illegitimately passed. Is recognized as legitimate. So how did they get around that in 1924? It would have been a violation.

A K A Stone  posted on  2020-04-19   9:52:05 ET  Reply   Untrace   Trace   Private Reply  


#5. To: A K A Stone (#2)

Also the 14th amendment although illegitimately passed. Is recognized as legitimate. So how did they get around that in 1924? It would have been a violation.

The 14th amendment was adopted in 1868. At the time, no one paid any attention to the due process portion. Even years after the ratification of the Fourteenth Amendment, the Supreme Court in United States v. Cruikshank (1876) still held that the First and Second Amendment did not apply to state governments.

Over the years (and starting with Gitlow in 1925), the U.S. Supreme Court used the due process clause to "selectively incorporate" the Bill of Rights and apply their protections to the states.

misterwhite  posted on  2020-04-19   11:19:52 ET  Reply   Untrace   Trace   Private Reply  


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