Freedom of Speech
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.
Constitutional: Yes/No/It Depends/Explanation/Supreme Court Case Example
1. A barista at Starbucks using racist language
-It Depends; As is with most other issues of freedom of speech, up until the point of presenting a clear a present danger to a person or persons, this kind of speech is protected. Terminiello v. Chicago
2. A student inciting other students to riot against the police
Unconstitutional; The to Brandenburg V. Ohio speech stated that speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and it is "likely to incite or produce such action." Brandenburg v. Ohio
3. False advertisement by a shoe manufacturer
It Depends; If it were to be unintentional then it is not unconstitutional, but, if it were to exploit or harm others then it would most certainly be unconstitutional. Nike, Inc v. Kasky
4. Protesting a marine's funeral by yelling "God Hates Fags" at the funeral.
Constitutional; However immature and heinous, this is protected. Snyder v. Phelps
5. A clerk at Bojangle’s using fighting words with a customer
Constitutional; These types of things are hard to really define as unconstitutional, therefore, it is protected so long as it does not threaten another. Chaplinsky v. New Hampshire
6. Hate Speech
It depends; again, as is with most issues of speech, if it does not present danger it is protected, otherwise it is not. National Socialist Party v. Skokie
7. Burning a flag
Constitutional; This, like most other cases of explicit behavior, is protected as long it not giving a clearly denoted threat. Texas v. Johnson
8. A male boss telling sexually explicit jokes to a female worker
Unconstitutional; It is unconstitutional especially if the female in question is receiving any kind of threat to her personal well being. Meritor Savings Bank v. Vinson
9. An anti abortion web site that lists the photos of abortion providers with Xs crossing out the doctors who have been assassinated.
It Depends; As longs as no implication of threatening the life of said doctors is made, this is protected (most likely by definition alone) otherwise, it is the same as making a threat to any other person's life. Nuremberg Files
Answer all of the following questions
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.
Constitutional: Yes/No/It Depends/Explanation/Supreme Court Case Example
1. A barista at Starbucks using racist language
-It Depends; As is with most other issues of freedom of speech, up until the point of presenting a clear a present danger to a person or persons, this kind of speech is protected. Terminiello v. Chicago
2. A student inciting other students to riot against the police
Unconstitutional; The to Brandenburg V. Ohio speech stated that speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and it is "likely to incite or produce such action." Brandenburg v. Ohio
3. False advertisement by a shoe manufacturer
It Depends; If it were to be unintentional then it is not unconstitutional, but, if it were to exploit or harm others then it would most certainly be unconstitutional. Nike, Inc v. Kasky
4. Protesting a marine's funeral by yelling "God Hates Fags" at the funeral.
Constitutional; However immature and heinous, this is protected. Snyder v. Phelps
5. A clerk at Bojangle’s using fighting words with a customer
Constitutional; These types of things are hard to really define as unconstitutional, therefore, it is protected so long as it does not threaten another. Chaplinsky v. New Hampshire
6. Hate Speech
It depends; again, as is with most issues of speech, if it does not present danger it is protected, otherwise it is not. National Socialist Party v. Skokie
7. Burning a flag
Constitutional; This, like most other cases of explicit behavior, is protected as long it not giving a clearly denoted threat. Texas v. Johnson
8. A male boss telling sexually explicit jokes to a female worker
Unconstitutional; It is unconstitutional especially if the female in question is receiving any kind of threat to her personal well being. Meritor Savings Bank v. Vinson
9. An anti abortion web site that lists the photos of abortion providers with Xs crossing out the doctors who have been assassinated.
It Depends; As longs as no implication of threatening the life of said doctors is made, this is protected (most likely by definition alone) otherwise, it is the same as making a threat to any other person's life. Nuremberg Files
Answer all of the following questions
- What is speech? Anything that is a persons words, symbolic actions, or any form of communication that indicates a message.
- What is the Clear and Present Danger Doctrine? Prohibits speech that can cause clear or present danger (an obvious sign that harm may be inflicted or otherwise caused upon an individual or a group)
- Are there any lines of freedom of speech that you can not cross? A good example would be that of exclaiming ,"fire", in a theater when there in fact is not.
- What is hate speech and what is the law regarding hate speech?
- hate speech - The Legal Definition
(n) "Speech not protected by the First Amendment, because it is intended to foster hatred against individuals or groups based on race, religion, gender, sexual preference, place of national origin, or other improper classification."