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The First Amendment

The First Amendment. Limitations on our fundamental rights. Freedom of Speech, but with LIMITATIONS!. Freedom of speech includes NOT only the spoken word, but it also includes the concept of freedom of expression Express = to convey or communicate

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The First Amendment

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  1. The First Amendment Limitations on our fundamental rights

  2. Freedom of Speech, but with LIMITATIONS! • Freedom of speech includes NOT only the spoken word, but it also includes the concept of freedom of expression • Express = to convey or communicate • Freedom of expression = ability to communicate opinions, ideas- through all types of communication (verbal and nonverbal) • Freedom of expression is a right that Americans cherish…but it is LIMITED!

  3. LIBEL and Slander • Libel = false statements that are written that may hurt another person’s reputation • Slander = spoken words that are false that destroy a person’s reputation • LIBEL and SLANDER are types of speech that the Supreme Court has found to be ILLEGAL, meaning it is NOT protected by the 1st Amendment.

  4. Obscene language • Obscene language = words that can be offensive • Miller v.California (1973) stated that materials were obscene if the work: • appeals “to a prurient interest in sex” • Prurient = arousing an interest or desire • showed “patently offensive” sexual conduct- local standards determine how offensive the work is • lacks “serious literary, artistic, political or scientific value”

  5. Fighting words and Clear and Present Danger • Fighting words = words that threaten another person; incite violence • Clear and Present danger is different than fighting words; these are words that put other people in harm’s way • The Clear and Present Danger limitation was established in the Court case, Schenck v. United States

  6. Schenck v. United States • Charles Schenck created pamphlets during WWI that protested the draft. He sent these pamphlets to men who were on the draft list. He was arrested for hindering the United States’ efforts in WWI • The question before the Supreme Court: Was his speech protected by the 1st Amendment? • The Court decided NO- his speech put Americans in “clear and present danger” as it inhibited our war effort. Speech that endangers others is not protected.

  7. Time, Place, and Manner • Sometimes speech isn’t completely protected, and it simply depends on when the speech is said (or created) or the way in which it is said • Sometimes, you have to get permission to organize or create a rally (the rally is protected by the 1st Amendment) • The government can restrict speech for public convenience and to promote order

  8. 1st Amendment

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