Freedom of speech paper

Freedom of Speech Final Project

            Within the United States, we have the Amendments in the Bill of Rights for each

individual in the United States. From first amendment Freedom of Religion, Speech, and the

Press, to the last amendment Undelegated Power kept by the States and the People is within the

US Constitution. I’ll be talking about the Freedom of Speech the first amendment. Not only how

important it is but how it is endangered by individuals that are abusing it and censoring others

views in violence. What is the definition of freedom of speech? The right which is guaranteed in

the first Amendment in the U.S. Constitution to express belief and ideas without unwarranted by

government restriction. Here what you can and can’t do in freedom of speech and the cases along

with it. (“What Does Free Speech Mean.”)

Part of Free Speech

·         Not to speak (specifically, the right not to salute the flag).
West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).

·         Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”).
Tinker v. Des Moines, 393 U.S. 503 (1969).

·         To use certain offensive words and phrases to convey political messages.
Cohen v. California, 403 U.S. 15 (1971).

·         To contribute money (under certain circumstances) to political campaigns.
Buckley v. Valeo, 424 U.S. 1 (1976).

·         To advertise commercial products and professional services (with some restrictions).
Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977).

·         To engage in symbolic speech, (e.g., burning the flag in protest).
Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).

Not part of Free Speech

·         To incite actions that would harm others (e.g., “Shouting ‘fire’ in a crowded theater.”).
Schenck v. United States, 249 U.S. 47 (1919).

·         To make or distribute obscene materials.
Roth v. United States, 354 U.S. 476 (1957).

·         To burn draft cards as an anti-war protest.
United States v. O’Brien, 391 U.S. 367 (1968).

·         To permit students to print articles in a school newspaper over the objections of the school administration.
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

·         Of students to make an obscene speech at a school-sponsored event.
Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).

·         Of students to advocate illegal drug use at a school-sponsored event.
Morse v. Frederick, U.S. (2007).

Then we have those that wish disavow anyone’s freedom of speech. Those that have been doing

this, is individuals in groups such as Antifa, BLM (Black Lives Matter), and Planned

Parenthood. It’s not the whole group but just a selected few that would go out of their way to try

to prove with violence and saying it is supported by free speech in the long run it’s not. Look at

what happened within the University of California Berkeley. Individuals like Ben Shapiro, and

Milo Yiannopoulos have been attacked cause the shutdown free speech week. During “Free

Speech Week” a group of students were planning it at the University but the mayor canceled it

before it took place. (“The Washington post article UC-Berkeley Free Speech Week canceled.”)

Large amounts of damage occurred alone from Antifa and so little arrest occurred from the

police. Also hardly any media outlets expect Fox News covered their violent protest. Until

President Trump made a hearing of how both lines were crossed, but said that one group was

very violent.  

Bibliography

“What Does Free Speech Mean?” United States Courts, www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does

Svrluga, Susan. “UC-Berkeley Says ‘Free Speech Week’ Is Canceled. Milo Yiannopoulos Says He’s Coming Anyway.” The Washington Post, WP Company, 23 Sept. 2017, www.washingtonpost.com/news/grade-point/wp/2017/09/23/uc-berkeley-says-free-speech-week-is-canceled-milo-yiannopoulos-says-hes-still-coming-to-campus/?utm_term=.db8854eec10d.