When Isn't Speech Protected?: Eric Moore February 27th, 2020

Eric Moore
February 27th , 2020
Freedom Of Speech
In the United States, the First Amendment ensures the opportunity of speech.
The First Amendment was embraced on December 15, 1791, as a major aspect of the
Bill of Rights—the initial ten revisions to the United States Constitution. The Bill of
Rights gives established assurance to certain individual freedoms, including abilities to
speak freely, get together and worship. The First Amendment doesn't indicate what
precisely is implied by the right to speak freely of discourse. Characterizing what kinds
of discourse ought to and shouldn't be secured by law has fallen to a great extent to the
courts. While freedom of speech pertains mostly to the spoken or written word, it also
protects some forms of symbolic speech. Symbolic speech is an action that expresses
an idea. Flag burning is an example of symbolic speech that is protected under the First
Amendment. Gregory Lee Johnson, a youth communist, burned a flag during the 1984
Republican National Convention in Dallas, Texas to protest the Reagan administration.
The U.S. Supreme Court, in 1990, reversed a Texas court’s conviction that Johnson
broke the law by desecrating the flag. Texas v. Johnson invalidated statutes in Texas
and 47 other states prohibiting flag burning.
When Isn’t Speech Protected?

Not all speech is protected under the First Amendment. Forms of speech that aren’t
protected include Obscene material such as child pornography, plagiarism of
copyrighted material, defamation (libel and slander, and threats. Speech inciting illegal
actions or soliciting others to commit crimes isn’t protected under the First Amendment,
either.
The Supreme Court decided a series of cases in 1919 that helped to define the
limitations of free speech. Congress passed the Espionage Act of 1917, shortly after the
United States entered into World War I. The law prohibited interference in military
operations or recruitment. Later Charles Schenck was arrested under the Espionage
Act after he distributed fliers urging young men to dodge the draft. The Supreme Court
upheld his conviction by creating the “clear and present danger” standard, explaining
when the government is allowed to limit free speech. In this case, they viewed draft
resistance as dangerous to national security. American labor leader and Socialist Party
activist Eugene Debs also were arrested under the Espionage Act after giving a speech
in 1918 encouraging others not to join the military. Debs argued that he was exercising
his right to free speech and that the Espionage Act of 1917 was unconstitutional. In
Debs v. the United States, the U.S. Supreme Court upheld the constitutionality of the
Espionage Act.
Freedom Of Expression
The Supreme Court has deciphered creative opportunity extensively as a type of free
discourse. Much of the time, the opportunity of articulation might be confined just if it will
cause immediate and fast approaching mischief. Yelling "fire!" in a packed theater and
causing a rush would be a case of immediate and impending mischief. In deciding
cases involving artistic freedom of expression the Supreme Court leans on a principle
called “content neutrality.” Content neutrality means the government can’t censor or
restrict expression just because some segment of the population finds the content
offensive.
Free Speech In Schools
In 1965, understudies at an open secondary school in Des Moines, Iowa, sorted
out a quiet dissent against the Vietnam War by wearing dark armbands to combat the
battling. The students were suspended from school. The chief stated that the armbands
were an interruption and might prompt a threat to the understudies. In 1969 in Tinker v.
Des Moines Independent Community School District the Supreme Court held that
students in public schools do not leave their First Amendment rights upon entry of the
school. This means that you can express your opinions orally and in writing - in leaflets
or on buttons, armbands or T-shirts. You reserve an option to communicate your
sentiments as long as you do as such in a manner that doesn't "really and generously"
disturb classes or other school exercises. If you hold a dissent on the school steps and
square the passage to the structure, school authorities can stop you.
The Supreme Court didn’t budge, it was then ruled in favor of the students’ right
to wear the armbands as a form of free speech in Tinker v. Des Moines Independent
School District. The case set the standard for free speech in schools.The sorts of
discourse the administration thinks about risky enough to warning and subject to
restriction, reconnaissance, examination, indictment and out and out end include: abhor
discourse, tormenting discourse, prejudiced discourse, conspiratorial discourse,
treasonous discourse, undermining discourse, combustible discourse, incendiary

discourse, radical discourse, hostile to government discourse, conservative discourse,
left-wing discourse, fanatic discourse, politically off base discourse, and so on. The free
expression guarantees are not limited to political speech. They also cover speech about
science, religion, morality, and social issues as well as art and even personal gossip.
Freedom of the press confirms that the government may not restrict mass
communication. It does not, however, give media businesses any additional
constitutional rights beyond what nonprofessional speakers have.
Conclusively
Freedom of petition protects the right to communicate with government officials. This
includes lobbying government officials and petitioning the courts by filing lawsuits unless
the court concludes that the lawsuit lacks any legal basis. It protects a person’s freedom
to associate with others in groups that express messages, such as advocacy groups or
political parties. It also protects those groups’ freedom to exclude people whose
presence may interfere with the group’s speech. That was the basis for the Supreme
Court’s decision in Boy Scouts of America v. Dale (2000).
Works cited
https://www.britannica.com/topic/First-Amendment
https://law.justia.com/constitution/us/amendment-01/04-freedom-of-expression-speech-and-
press.html
hhttps://www.aclu.org/other/your-right-free-expression
https://www.history.com/topics/united-states-constitution/freedom-of-speech

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When Isn't Speech Protected?: Eric Moore February 27th, 2020

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Eric Moore

February 27th , 2020

Rights gives established assurance to certain individual freedoms, including abilities to

Republican National Convention in Dallas, Texas to protest the Reagan administration.

and 47 other states prohibiting flag burning.

When Isn’t Speech Protected?

protected include Obscene material such as child pornography, plagiarism of

causing a rush would be a case of immediate and impending mischief. In deciding

Free Speech In Schools

In 1965, understudies at an open secondary school in Des Moines, Iowa, sorted

or on buttons, armbands or T-shirts. You reserve an option to communicate your

discourse, tormenting discourse, prejudiced discourse, conspiratorial discourse,

treasonous discourse, undermining discourse, combustible discourse, incendiary

communication. It does not, however, give media businesses any additional

constitutional rights beyond what nonprofessional speakers have.

Court’s decision in Boy Scouts of America v. Dale (2000).

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