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3: First Amendment: Freedom of Speech

Concept of Freedom of Speech

Freedom of speech is a comprehensive concept that includes written, spoken, artistic, and symbolic forms of expression. It is crucial for a democratic society's functioning, allowing free and open expression of opinions, ideas, and beliefs. However, this freedom is not without limits; restrictions apply to speech that incites violence or threatens national security.

Balance Between Order and Individual Freedoms

  • The balance is highlighted in cases concerning speech that poses a threat to public safety or national security.
  • Notable Supreme Court cases: Tinker v. Des Moines (1969) and Schenck v. United States (1919).

Illustrative Examples

Tinker v. Des Moines (1969)

  • Context: Public school students, including John Tinker, protested the Vietnam War by wearing black armbands, leading to suspension.
  • Outcome: The Supreme Court ruled that students' right to express themselves is protected under the First Amendment, establishing the principle that free speech encompasses symbols and gestures alongside words.
  • Significance: This case affirmed that schools are limited public forums where students retain their constitutional rights, emphasizing the protection of symbolic speech under the First Amendment.

Schenck v. United States (1919)

  • Context: Charles Schenck was arrested for distributing pamphlets opposing WWI conscription, challenging the Espionage Act's compatibility with the First Amendment.
  • Outcome: The Supreme Court introduced the "clear and present danger" test, ruling Schenck's actions were not protected by the First Amendment due to the potential threat to national security.
  • Significance: Established the precedent that freedom of speech can be restricted under circumstances that pose a significant threat to public safety or national interests.