The words 'flag, standard, colors, or ensign', as used herein, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America.

…deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days..,

(a)(1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.

Freedom of Expression

A. The four rights in the first amendment of speech, press, assembly and petition are collectively known as freedom of expression

B. What is Expression? What is Speech?

1. In addition to words, speech may be symbolic. Actions that express an idea are protected the same as speech.

Tinker v. The Des Moines Independent School District

2. Examples: Flag burning

C. Political Speech

1. The main purpose of the first amendment was clearly to protect the right of the people to express opinions about the government

D. But there are limits on Freedom of Expression

1. Fighting Words: Words or actions that a reasonable person would expect to cause a violent reaction are not protected.

Chapinsky v. New Hampshire

2. Safety: If the words or actions create a “Clear and Present danger” they are not protected.

Schenk v. United States

3. National Security: If the words incite people to immediate violence then they are not protected.

4. Obscenity: Obscene or pornographic expression is not protected and is strictly limited

5. Education: Schools are special places. Students have the right to free expression of political speech except when it interferes with the education process

Tinker v. The Des Moines Independent School District

E. Freedom of the Press

1. School Newspapers

a. Students do not have the right to print what they want in a school newspaper. The newspaper belongs to the school and as such the administration may edit any article or refuse to print any student work.

Hazelwood School District v. Kuhlmeier (1988)

b. This even applies to public colleges and universities

Morse v. Frederick (2007)

 

2. School Libraries and banned books:

a. Many school ban books from school libraries because of language or theme. Here are some examples;

http://www.adlerbooks.com/banned.html

http://en.wikipedia.org/wiki/List_of_most-commonly_challenged_books_in_the_United_States

b. Example: Comic Book Burnings