Famous Phrases
This theory, first articulated by Justice Oliver Wendell Holmes, argues that truth will eventually emerge from the competition of ideas in the public forum; censorship of speech is rarely justified since the truth can only be found when different opinions are subjected to criticism and objection in a free market.
What is The Marketplace of Ideas?
Freedom 1
What is "the freedom of religion?"
1AF's unofficial mascot
Who is "Jonathon Chavez?"
Often called the Brandenburg Test due to its origin in Brandenburg v. Ohio, this two-pronged test determines whether speech which advocates the use of force or crime may be constitutionally regulated.
What is “incitement to imminent lawless action”?
These are university policies that violate the First Amendment by restricting protected expression on campus.
What are “speech codes”?
This oft-misquoted analogy is cited as an argument against disruptive speech. The phrase comes from Justice Oliver Wendell Holmes’ opinion in Schenck v. United States, which stated the most stringent protection of free speech would not protect a man in falsely doing this?
What is “shouting fire in a crowded theater”?
Freedom 2
What is “the freedom of the press?"
Speech is considered a part of this category if it “appeals to the prurient interest, is patently offensive, and lacks serious literary, artistic, political, or scientific value,” the standard set in Miller v. California.
What is “obscenity”?
The First Amendment has no exception for this kind of speech, which has no legal definition but is often thought to include racial slurs or other xenophobic remarks. Many schools attempt to prohibit this type of speech in campus speech policies.
What is “hate speech”?
This term, coined by FIRE President Greg Lukianoff and Jonathan Haidt in their book The Coddling of the American Mind, describes a culture or belief system in which physical and emotional security is valued above other practical or moral concerns.
What is “safetyism”?
Freedom 3
What is the "freedom of the press?"
The right of passage for new 1AF attendees
What is a "hot take?"
In Schenck v. United States, this standard — later replaced by the Brandenburg Test—- was used to determine when speech may be constitutionally regulated.
What is the “clear and present danger standard”?
As decided in Healy v. James, this type of university is required to give its students full First Amendment protections whereas another type of university may restrict additional speech.
What is a “public university”?
In On Liberty, John Stuart Mill writes that mankind would be no more justified in silencing one person than he would be justified in silencing mankind, if this number of people believed one thing while everyone else believed something else.
What is “All mankind minus one”?
Freedom 4
What is "the right to peacefully assemble?"
The designer of 1AF's amazing logo
Who is "Stephanie?"
Speech must meet the standard set in Davis v. Monroe County Board of Education of being “severe, pervasive, and objectively offensive,” in order to qualify as this unprotected category of speech.
What is “harassment”?
Some red light colleges and universities maintain these small and out-of-the-way locations on their campuses, which limit student and faculty demonstrations and other expressive activities to specific spaces.
What are “free speech zones”?
In his concurrence in Jacobellis v. Ohio, Justice Potter Stewart famously used this phrase — rather than an established obscenity test — to determine whether a piece of content was or was not obscene.
What is “I know it when I see it?”
Freedom 5
What is “the right to petition the government for redress of grievances?"
What was the first ever 1AF meeting topic?
What is the “the role of race in comedy?"
This rarely-used category of unprotected speech was established in Chaplinsky v. New Hampshire, where the plaintiff called a New Hampshire marshal a “damned racketeer” and a “damned fascist.”
What are “fighting words”?
These types of restrictions on expression are permissible under First Amendment law so long as they are content neutral, narrowly-tailored to suit a governmental interest, and do not place undue restrictions on free speech. On campuses, they are often applied to campus postings and protests.
What are “reasonable time, place, and manner restrictions”?