- Slides: 34
Freedom of Speech
Success Criteria 2/2/2017 1. We can identify the purpose of the First Amendment. 2. We can compare and contrast the different forms of speech. 3. We can analyze the landmark case Tinker v Des Moines to understand the 1 st amendment rights of students. 4. We can evaluate the 1 st amendment rights of students in schools by writing arguments. Answer in a complete sentence Do you think the First Amendment should allow you to say whatever you want whenever you want? If not, when should the gov’t be allowed to limit you?
House Cleaning • Check yourself when you enter the classroom! • Have you started your Unit 4 Vocab Homework #2? – Turn it in early for extra credit • Notebook quiz Friday – Do you have your notes, drills, and Quick 5 s organized?
Notes Title: The First Amendment “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. ” WAYS THAT YOU MIGHT EXERCISE THAT FREEDOM Freedom of… Speech or Expression • • Burning a flag Giving criticism to the government or a group Carrying a sign Wearing a pin
First Amendment This lesson will focus on one element of the First Amendment Freedom of Speech
PURE SPEECH: Verbal expression of thought and opinion in front of an audience. According to the courts, there are two kinds of speech.
Pure Speech He totally smells like old cheese! It’s so gross! *snort* Students discussing their teachers on a college campus…
How was your day honey? Pure Speech Lame! My teachers are so petty! A family talking about their day over dinner.
Pure Speech And then I said to them: “You call yourself Republi. CANs? You’re more like Republi. CAN’Ts!” Amirite? !? A politician, speaking to a crowd of supporters while running for office.
I’ve got a winning strategy that they won’t see coming. Let’s go out there, and score more points than them. Pure Speech A football coach, trying to get his team pumped up at halftime.
PURE SPEECH: Verbal expression of thought and opinion in front of an audience. According to the courts, there are two kinds of speech. Symbolic SPEECH: The use of actions and symbols to express opinions
Symbolic Speech Burning a draft card
Symbolic Speech Burning the flag!
What type of speech is this? Two women were taken off an airplane after yelling that they had a bomb under their shirt. The police questioned them, but they insisted that they were just joking and did not mean to hurt anyone. Pure Speech Symbolic Speech
What type of speech is this? An anti-war protester is upset with the government’s decision to invade Iraq. He gets a can of gasoline, dumps it on the American flag, and proceeds to burn it while a small crowd gathers to watch. Pure Speech Symbolic Speech
What type of speech is this? A TV show host criticizes President Obama in a TV interview. He says government-run healthcare will force the United States into debt and take away decisions from patients and doctors. Pure Speech Symbolic Speech
What type of speech is this? A member of the Ku Klux Klan stands on the steps of City Hall and argues in favor of school segregation. Pure Speech Symbolic Speech
What type of speech is this? A high school student stands in the parking lot after school holding a sign that says, “Bong Hits for Jesus”. The principal tells him to put it away and gives him a one week suspension. Pure Speech Symbolic Speech
What type of speech is this? Pure Speech Two men make a phone call to City Hall and claim that Mayor Dixon should “watch her back”. After the police trace the call to a house on 33 rd Street, they arrest the men and charge them with harassment. Symbolic Speech
What type of speech is this? A radio announcer is upset with his exgirlfriend. He goes on air and falsely accuses her of having an affair with her boss, who is a powerful business executive with Legg Mason downtown. Pure Speech Symbolic Speech
Question: What is speech? • Are students who wear black armbands protesting a school policy engaging in “speech”? • Is demonstrating in front of a government building a form of speech? • Is standing up on an airplane and yelling “bomb!” free speech?
But free speech has its limits Clear and Present Danger If the person’s speech creates a dangerous situation then it is not protected.
But free speech has its limits Clear and Present Examples: Danger • Shouting “Fire” in a crowded theater • Screaming “I have a bomb” on a plane • Passing out leaflets (flyers) to recruit people interested in planning an attack against the U. S. Government • Lighting a large pile of American flags in a public park or on a crowded
But free speech has its limits Clear and Present If the person’s speech creates a Danger dangerous situation then it is not protected. Defamatory False speech that damages Speech a person’s reputation.
Speech Slander is spoken Libel is written i. e. Mr. Krzys walking around saying that Mr. Taylor is a high school dropout. i. e. A reporter who intentionally writes false statements about someone. THAT’S RIGHT! Spreading rumors, talking trash, and writing notes about other people could actually be a crime!
WHERE DO YOU STAND? Since the gov’t can’t take free speech away from you, the school shouldn’t be able to either.
WHERE DO YOU STAND? Free speech is not a guaranteed right; the gov’t needs to maintain order sometimes, so it is okay for them to take it away if a situation is unsafe.
WHERE DO YOU STAND? In order for a school to function, there must be rules. School discipline is a part of children’s development as good citizens.
WHERE DO YOU STAND? Schools are for learning, and real learning includes debate of controversial issues. Interacting with students who have different viewpoints is part of the educational process.
WHERE DO YOU STAND? Allowing students to wear what they want, like rosary beads or armbands, will lead us down a slippery slope. Students will see this as a reason to break other school rules as well.
WHERE DO YOU STAND? Students should be able to publish or say whatever they want in a newspaper or on posters, even if it criticizes the people who run the school.
Ok, enough of that… Let’s take a look at a Supreme Court cases that set a precedent for how students have been treated in American schools.
Tinker v Des Moines Supreme Court Sided with… Precedent set: The Tinkers! Tinker v Des Moines said that students have free speech as long as it does not interfere with the school’s mission to provide an education
Quick 5 2/2/2017 What was the “precedent” set by the Tinker v Des Moines court case? Do you agree with the court’s decision? Why or why not? Do you think school uniforms violate your freedom of speech? Why or why not?