Types of Speech l Pure Speech peaceful expression
- Slides: 10
Types of Speech l Pure Speech- peaceful expression of thoughts & ideas before a willing audience. l l Speech Plus- verbal expression plus an action. l l Protected by the 1 st Amendment. Subject to restrictions. Ex: Marching, demonstrations. Symbolic Speech- non-verbal using symbols. l Substantial protection. Ex: Picketing, wearing arm bands, flag burning, cross burning
Speech Plus & Symbolic Speech
Guidelines used in Free Speech l Clear and Present Danger- Immediate threat to public peace. Sometimes hard to define. l Bad Tendency Rule- Speech is restricted even if it has a tendency to lead to an illegal action. l Not supported by the Supreme Court.
Guidelines used in Free Speech l Preferred Position Doctrine- Freedom of speech is so essential in a democracy that it holds a preferred position. l Prior Restraint- Activity is stopped before it actually happens. l Involves censorship. l Not supported by the Supreme Court. l Cannot curb idea before they are expressed.
Unprotected Speech l Libel—printed false & malicious lies, l Slander—spoken false lies l Obscenities l Fighting Words- speech so inflammatory that it will provoke the avg. listener to violence. l Beyond insulting and controversial language. l Immediate violence.
Cyberspace l Virtually unregulated. l 1996 Communications Decency Act- illegal to transmit indecent material over the internet. l 1997 Reno v. American Civil Liberties Union- act declared unconstitutional.
Advertising l “Commercial Speech” l Free flow of commercial information. l Laws prohibit false advertising, illegal goods and services. l Certain legal products prohibited. l Ex: Tobacco
Media l Reporters have gone to jail for not revealing news sources. l Shield Laws- protect reporters from disclosing sources or confidential info.
Motion Pictures l Not considered part of the press. l “Liberty of expression” l Protected by the 1 st Amendment.
Radio and TV l Extensive l Federal regulations Communications Commission (FCC) l Considered “public airwaves”. l Cable has more protections under the 1 st Amendment.