Freedom of speech

Freedom of speech

The Supreme Court ruled that even offensive speech to the point of being inflammatory is protected by the first amendment: Brandenburg v. Ohio (1969). If you did not know that you lack knowledge.

New York Times Co. v. Sullivan (1964) ruled that the newspaper was constitutionally protected despite the false allegations, since the newspaper did not knowingly and recklessly publish the inaccuracies.

In 1960, The New York Times published an advertisement in support of the Civil Rights movement that decried actions of the police in Montgomery, Alabama. The public safety commissioner in Montgomery sued the newspaper for libel (publishing false statements) because some of the allegations in the ad were demonstrably false.

Choose words

The freedom to choose your words: Cohen v. California (1971)

A nineteen-year-old Paul Cohen during the Vietnam War was arrested for wearing a jacket in a California courthouse that protested the draft with an obscenity. A lower court said that Cohen had the right to speak out against the draft, but not the right to do it with obscene language in a public place.

But in Cohen v. California (403 U.S. 15 (1971).) “The [Supreme] Court said that it’s important that people be free to choose their words,” … “Even if those words are angry words, even words that are seen as offensive words. That itself can be an important part of the message.”

Freedom Not to speak

Freedom 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 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).

Does not include

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).

https://mtsu.edu/first-amendment/encyclopedia/case-all

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