Freedom of Speech...

But you can't say that.

Read along with the following activity and answer the questions in red in Microsoft Word.

The 1st amendment protects freedom of speech. But not all freedom of speech is protected.

Put yourself in this scenario...

Your pep band is at a rival school across town for a game one evening. Suddenly they find themselves surrounded by angry, taunting students from the other school. The crowd shouts, “You stink!” “You’ll never get home tonight alive!” “You’re gonna pay for being here!” Even though no one has touched anyone, some fear for their lives. Does the crowd have the constitutional right to yell at the pep band members?

1)Which is more at risk, student safety or free speech? Why?

The fact is, some speech is not protected by the first amendment. The scenario above is one of them. The crowd shouting at the band could provoke violence or incite illegal action and is therefore not protected by the first amendment.

In General there are 6 general situations that are not protected by the first amendment.

1: Clear and Present Danger
Will this act of speech create a dangerous situation? The First Amendment does not protect statements that are uttered to provoke violence or incite illegal action.

2)Give an example of speech that creates a dangerous situation and would not be covered by the first amendment.

2: Fighting Words
Was something said face-to-face that would incite immediate violence?

3)Give an example of speech that could be said face to face and would incite immediate violence and would not be covered by the first amendment.

3: Libel and Slander
Was the statement false, or put in a context that makes true statements misleading? You do not have a constitutional right to tell lies that damage or defame the reputation of a person or organization.

4)Give an example of speech that could be a lie and damage the reputation of a person and would not be covered by the first amendment.

4: Obscenity
In June 1973 in Miller v. California, the Supreme Court held in a 5-to-4 decision that obscene materials do not enjoy First Amendment protection.

5: Conflict with Other Legitimate Social or Governmental Interests
Does the speech conflict with other compelling interests? For example, in times of war, there may be reasons to restrict First Amendment rights because of conflicts with national security.

5)Give an example of speech that could conflict with national security and would not be covered by the first amendment.

6: Time, Place, and Manner
These regulations of expression are content-neutral. A question to ask: Did the expression occur at a time or place, or did the speaker use a method of communicating, that interferes with a legitimate government interest? For example, distribution of information should not impede the flow of traffic or create excessive noise levels at certain times and in certain places.

6)Give an example of speech that would not be covered by the first amendment because of Time, Place, and Manner.

7) Do you agree with the 6 general situations in which free speech is not protected, or should people be allowed to say anything they want no matter what? Why? 1 paragraph

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