FREEDOM OF SPEECH and The
Supreme Court
MS Word Version
"If
liberty means anything at all, it means the right to tell people what they do
not want to hear." (George Orwell)
-- Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or
of the press; or the right of the people peaceably to assemble, and to petition
the Government for a redress of grievances.
There are six (6) rights (1)_____________ by the First
Amendment -- religion, speech, (2)__________, assembly, association, and
(3)__________. All together, these are
known as the freedom of expression (freedom of assembly, petition, press, and
speech). This unit deals with the right to free speech (such as demonstrations
or (4)__________) as it relates to politics, law, and (5)__________.
First of all, the word “No” in the first amendment is
rarely taken (6)__________. Almost no
judge or Congressman has ever believed that "Congress shall make no
law" means Congress shall make NO law.
Such a (7)__________ interpretation of the First Amendment allows no
restrictions on (8)__________, libel, or slander. Authorities also have to deal with what legal scholars call “The
Heckler’s Veto” or the problem that occurs when people try to use their “right”
to free speech to (9)__________ or prevent the speech of others. Another troubling question about free speech
concerns words that may (10)__________ crimes or lead to dangerous
(11)_________________. The legal (12)__________ of “hate speech” and “fighting
words” indicate how difficult it is to understand exactly what kinds of
expression the First Amendment really (13)__________. Symbolic “acts” such as (14)__________ flags or draft cards make
the problem even more (15)__________.
Looking at the beliefs of the founding fathers may help us understand
some (16)__________ purposes of the First Amendment:
(1) education ((17) __________ knowledge and self-fulfillment)
(2) democratic participation (speaking (18) __________ without fear of government reprisal)
(3) truth-seeking (determined through (19) ____________ and verbal struggle)
|
advancing burning
complex concepts debate
disrupt government guaranteed incite literally obscenity openly original petition press protects protests situations strict |
The First Amendment is as much about protecting the
(1)____________ good as it is about protecting (2)____________ freedom. Freedom
of speech in America has NEVER been (3)____________. Even before The Alien and Sedition Acts of 1798, there have been
laws (4)____________ scandalous, malicious, inflammatory or false (5)____________. This unit is mostly concerned with laws
dealing with words or (6)____________ acts that could be intended to defame the
(7)____________, bring down the government, or help its enemies.
In the late1790’s there was fear of (8)____________
inspired by the French Revolution, and laws were passed that punished those who
insulted or even (9)____________ government officials. The Civil War was an actual
(10)____________, but measures were taken against residents of the North
(called copperheads) who sympathized with the (11)____________. In the last 130 years there have been laws
(12)____________ Communist or (13)____________ activities. Congress passes such laws, often at the
urging of presidents who argue they are (14)____________ for the public good
and safety in times of war or (15)____________. Today, the source of
(16)____________ is terrorism.
The Supreme Court can strike down laws that
(17)____________ the First Amendment.
This happens on (18)____________ after a person or group of persons has
been convicted or injured by government attempts to restrict free speech. Sometimes people have (19)____________ these
laws in a deliberate attempt to (20)____________ them in court. Other times people have been swept up by
events and must challenge these laws by appealing to (21)____________
courts.
The Supreme Court has the (22)____________ say over how
the First Amendment should be (23)____________, and its interpretation has
evolved over the years. Most important
Supreme Court decisions involving free speech occurred in the (24)____________
century.
|
absolute appeal
banning broken challenge Confederacy
criticized emergency final
government higher individual insurrection
interpreted necessary panic
public radicals restricting Socialist
symbolic twentieth utterances violate |
Source: http://faculty.ncwc.edu/toconnor/410/410lect08.htm Dr. Tom O'Connor
O'Connor, T.R. (January 22, 2004). In Free Speech Lecture Notes, MegaLinks in Criminal Justice. Retrieved from http://faculty.ncwc.edu/toconnor/410/410lect08.htm