Learning Objective 5.3

L.O.- Outline the First Amendment guarantees of and limitations on freedom of speech, press, assembly, and petition

First Amendment

• Part of the bill of rights that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition.
• has been subject to varying degrees of scrutiny and has had leeway during certain times such as war.
  

Freedoms of Speech and the Press

• Prior restraint: doctrine that prevents the government from prohibiting speech or publication before the fact.

• The Alien and Seditions Acts banned any criticism of the Federalist government by the growing numbers of Democrats and Republicans. 

• During the civil war, freedom of speech and criticisms against the government were seen as unlawful because of Abraham Lincoln.
• The Supreme Court said these practices were unconstitutional. 

• Clear and present danger test: test by the Supreme Court to draw the line between protected and unprotected speech. 
• Direct incitement test: test articulated by the Supreme Court that holds that advocacy of illegal action is protected by the 1st amendment unless imminent lawless action is intended and likely to occur. 

Protected Speech and Press

• Some speech is protected by the constitution although it may be questionable to citizens or the government.

• Symbolic speech: symbols, signs, and other methods of expression generally considered to be protected by the 1st amendment. 
• Ex: burning the american flag
• Ex: Tinker v. Des Moines Independent Community School District
• if symbols promote something illegal or is put into action, then it is not protected under the first amendment
• The first amendment also protects offensive hate speech.

Unprotected Speech and Press

•  Unprotected speech includes speech such as libel, fighting words, obscenity, and lewdness.
• libel: untrue written statements that defame a person's character.
• slander: untrue spoken statements that defame a person's character.
• fighting words: words that inflict injury or incite an immediate breach of peace
• obscenity/lewdness: refers to speech that is offensive to one's morals (pornography)

Freedom of Assembly and Petition

• If the words spoken or actions taken are unconstitutional, then the can no longer be protected by the 1st amendment

• The Supreme Court does not deal with many petition cases