Qs Friday 11th

1) List and describe the three types of speech.

  3 Types of Speech

a.     Pure Speech

                                               i.     Verbal expression of thought & opinion before an audience that has chosen to listen

                                              ii.     Strongest protection from Supreme Court

b.     Speech Plus

                                               i.     Actions like marching and demonstrating

                                              ii.     Some regulations: Cannot obstruct traffic, block sidewalks, illegally trespass, endanger public saftey

c.      Symbolic Speech

                                               i.     Involves using actions & symbols instead of words to express opinion

                                              ii.     Mixed Court decisions: black armbands to school=okay, burning flag=not okay then okay

2) How has Congress regulated speech? List three ways and describe each.

1.  Clear and Present Danger
1. When someone's speech presents clear and immeadiate danger to society/government/others
2. The Bad Tendency Doctrine
1. If speech was encouraging/lead to illegal actions, Congress can legally stop it
3. The Preferred Position Doctrine
1.  First Amendment freedoms are more important(fundamental) than other freedoms because they are base of all liberties. Laws inhibiting these freedoms should be assumed unconstitutional UNLESS the government can prove it's necessary

  3) Why types of speech is not protected?

1. Defamatory Speech
1. speech that hurts another person's image
2. Fighting Speech
1. speech that provokes immediate violence
3. Student Speech
1. underage students are not protected by many of the liberties while in school

  4) How have changes in Supreme Court definitions of seditious speech expanded First Amendment rights? Cite cases to support your answer.

1. In Dennis v. United States, the court used the “clear and present danger” test to approve the conviction of 11 communist party leaders under the act. 

5) List how the Supreme court has limited student speech.

1.  Students give up free speech when entering school, as teachers decide what cannot/can be said
2. Teachers can prevent speech about illegal substances, i.e. "Bong Hits 4 Jesus"