Freedom of Speech
Why is free speech essential to well-functioning democracy?
1. Adaptation 2. Self-correction
Why is speech protected?
1. Human need to express one's self 2. Needed for democracy to function 3. Helps determine truth/quality of an idea
What are 7 forms of unprotected speech?
1. Obscenity 2. Imminent Lawless Action 3. Defamation 4. Fighting Words 5. Criminal Speech 6. True Threats 7. Invasion of Privacy
Why is there a tendency for people to want to censor speech?
1. Prevent criticism 2. Limit offensive, irritating, controversial speech
What are 3 government regulations on speech?
1. Public Forums 2. Content/Viewpoint Neutral 3. Time, place, and manner regulations
What 2 factors are relevant for determining an invasion of privacy?
1. Public vs. Private Figure 2. Previous Publication of Information
What is privacy?
1. Right to seclusion 2. Right to autonomy
What are the two basic assumptions of the marketplace of ideas?
1. Trust in people to make decisions 2. Pluralism
What is an example of viewpoint discrimination?
Allowing Hillary and Trump supporters to speak, but not Bernie supporters; allowing pro-life protesters and not pro-choice
What is an example of content discrimination?
Banning political groups; allowing park to be used for war protests but not abortion protests
Why is it difficult to determine if something is obscene?
Because great degree of subjectivity
Why is the right to privacy controversial?
Because of it's association with reproductive rights
What is the marketplace of ideas?
Best test of truth is power of the thought to get itself accepted in the competition of the market
What is an example of imminent lawless action?
Can't get in trouble for saying let's go crazy after the game 3 days before; can get in trouble for egging people on after game
What is autonomy?
Certain behaviors government has no business restricting
What are examples of adaptation?
Changing marijuana policy
What is symbolic speech?
Encompasses many expressive activities - actions mixed with elements of speech that express an idea or position
What are time, place, and manner regulations?
Have to be neutral, can't restrict because you don't like what someone is saying
When can private information be published?
If proven newsworthy, if there was previous publicity, public vs. private figures; intimacy of information
What is obscenity?
If speech has prurient interest; no redeeming political, social, or artistic value plus a sexual element
What are true threats?
Intent to commit an act of unlawful violence to a particular individual or group of individuals; must prove intent (hard to do)
What are examples of autonomy?
Intimate things, reproductive rights, child rearing rights, right to abortion, gay rights
What is defamation?
Libel, slander; people can say a lot more about public figures than regular citizens
What are the dangers associated with censorship?
Limits ideas and opinions that can be expressed
What is a limited public forum?
May need permit to use it; restricted by time of day, airport
What is viewpoint discrimination?
More specific than content; when one side of argument is banned from speaking
What is a traditional public forum?
Most freedom - sidewalk, park
What is relativism?
Not all ideas are people worth; we can judge what is good or bad
What is an example of a time, place, and manner regulation?
Not being able to rally outside of dorms at 3AM on a Wednesday
What are examples of self-correction?
People debating policies, programs, and people
What is an example of symbolic speech?
Picketing
What was the primary motivation for the Establishment Clause?
Reaction to England's establishment of Anglican Church as nation's official religion
What is seclusion?
Right to personal space
What is the chilling effect a form of?
Self-censorship
What is criminal speech?
Speech directly leading to illegal actions
What is the clear and present danger test?
Speech unprotected if words used are used in circumstance and nature as to create clear and present danger that would bring about substantive evils that Congress has right to prevent
What is prurient interest?
Speech with some sort of erotic element to it
What is narrowly tailored speech?
Speech written very specifically not to offend anyone - when government constricts speech
What are examples of criminal speech?
Talking about robbing bank in abstract is okay, but getting a van and guns is not; can get arrested for planning crime even if it never happens (conspiracy)
What is pluralism?
There are many opinions and ideas; for market to work, need all of them out there
Why is the First Amendment considered the "first among equals" in the Bill of Rights?
Thought of as most important; central to government and nation's survival; ensures debate and allows for self-correciton
Who has the power to determine what speech is prohibited?
Trust people to be smart enough to decide what is worth listening to/worth believing
What is the process of the chilling effect?
Unprotected speech --> Protected speech considered risky --> Person only says what is "safe"; inward --> outward
What is slander?
Verbally spoken false information about someone meant to hurt their reputation
What are fighting words?
Very utterance inflicts injury or tends to incite and immediate breach of peace; have to be specifically said to another individual, trying to provoke a fight
What is the chilling effect?
When people see others getting in trouble for saying certain things, they restrict themselves
What is content discrimination?
When something is banned based on its subject matter
What is imminent lawless action?
When speech is directed to inciting or producing inappropriate action and is likely to incite and produce that action
What is libel?
Written false information about someone meant to hurt their reputation
