First Amendment in General
What is the First Amendment? (Only the part relating to the Freedom of Speech)
“Congress shall make no law… abridging the freedom of speech”
Free Speech also includes the right not to _________.
Bonus 10 points:
Which case is this holding from?
Speak
Barnette
In Massachusetts, what are students allowed to do that we are not allowed to do in Kentucky?
In Massachusetts, students have the right to speech considered “lewd”
What is the definition of expressive conduct?
Expressive Conduct - behavior intended to portray a particularized message
What is the holding of Snyder v. Phelps?
Hint: Military Funeral Protest Case
Freedom of Speech on public property is generally protected by the First Amendment, even if it is shocking, vile, and hateful
Students First Amendment Rights ≠
The First Amendment Rights of Adult Citizens
The First Amendment protects these 3 types of speech:
1. written
2. spoken speech
3. expressive conduct
Yes, schools may censor certain speech at school-sponsored functions as well as during school hours.
In Melton v. Young, was wearing the flag considered protected expressive conduct under the first amendment?
No because it was disruptive to the school
What is the Establishment Clause?
Congress shall make no law… “respecting an establishment of religion”
First Amendment rights do not stop at ___________
First Amendment rights do not stop at the school gate
The Supreme Court has permitted the government to censor and punish these 3 types of speech?
The Supreme Court has permitted the government to censor and punish:
Obscenity
Fighting Words
Incitement of Imminent Lawless Activity
What is an example of how schools may limit student speech related to an activity in order to safeguard those entrusted to their care?
Illegal drug use.
In Karr v. Schmidt was long hair considered expressive conduct?
No
SCOTUS says we have a right to information under the First Amendment, what is that right to information limited by in schools?
Schools have the right to control the curriculum, libraries, and texts offered.
Under the United States Constitution, are states allowed to expand upon rights offered to US Citizens?
State legislatures and courts can offer the people of a state more rights and liberties than they enjoy directly under the US Constitution
In Texas v. Johnson, the Supreme Court held that the government may not prohibit the expression of an idea simply because:
Society finds the idea itself offensive or disagreeable.
In Tinker v. Des Moines, SCOTUS determined that the First Amendment protects symbolic speech unless ______________________________________?
The First Amendment protects symbolic speech unless it materially and substantially interferes with the operation of the school.
Q: When can expressive conduct rise to the level of a “material and substantial disruption”?
Hint: Melton v. Young
When it incites fighting or conflict.
In “public forum’s” the government must have a policy of ___________ toward speech
“viewpoint neutrality”
What is stare decisis?
This legal doctrine means “to stand by things decided” and requires courts to follow precedents set in previous cases.
What is the doctrine against compelled speech?
The First Amendment not only protects the right to speak freely but also the right not to be forced to express ideas one disagrees with.
Schools may censor and punish students for plainly _________________ speech at school sponsored functions
hint: last class
“lewd, indecent or offensive”
What must expressive conduct have to qualify as symbolic speech under the First Amendment?
A certain communicative content.
What is the Equal Access Act?
The Equal Access Act requires that public high schools receiving federal funds grant equal access to student groups who want to meet on campus without discriminating on the basis of the “religion, political, philosophical or other content of the speech.”