First Amendment – Freedom of Speech

What Can and Cannot Be Said in America Today

What Is Considered Speech?• Pure Speech – verbal

expression of thought

• Written Speech – individual display of speech, often through signage

• Symbolic Speech – unspoken speech, often done through use of symbols or actions to convey meaning

What Kind of Speech IS NOT Protected?

• #1 – Speech that advocates illegal action – seditious speech that creates a “imminent danger”

• #2 – Speech that encourages or initiates violence – “fighting words”

• #3 – Commercial speech – advertisements and sales offer less Constitutional protections

• #4 – Obscenities – this includes student speech in the school or at a school sponsored event

• #5 – Defamatory speech – slander (spoken) or libel (written) words that damages a person’s name

What Does the Constitution Protect a Citizen From?

• A citizen may not be arrested for their speech

BUT…• You may be fired from

your job or dismissed from an interest group because of what you say Miss USA, Carrie Prejean was fired due to

her outspokenness against gay marriage