Cases and Resources
Chapter 37: Freedom of Speech

The Importance of Freedom of Speech
Obscenity
Defamation
Commercial Speech
Fighting Words, Offensive Speakers, and Hostile Audiences
Time, Place, and Manner Restrictions
Symbolic Speech
Vagueness and Overinclusive Laws

The Importance of Freedom of Speech
Importance of Freedom of Speech
Freedom of speech serves many functions in our society. The importance of this right is not always obvious, especially when people express ideas with which we disagree. Read this explanation of how the freedom of speech influences and changes us.

Freedom of Speech and the War on Terror
The fight against terrorism in this country has had some impact on the freedom of speech. Read this article and discuss how we can balance the right to freedom of speech with the need to protect our society.

Freedom of Expression at the National Endowment for the Arts
Expression comes in many forms, and the National Endowment for the Arts funds and assists artists with different types of expressions. Sometimes, artists create controversy with their art. Explore this explanation of the freedom of expression, the limits on this freedom, and the types of expression. Use the discussion questions to talk about your opinions.

Hurley v. Irish-American Gay Group of Boston
Read the full text of the case presented in your textbook in “The Case of The St. Patrick’s Day Parade.” What did the Supreme Court decide, and why?

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Obscenity
Obscenity
Visit FindLaw’s explanation of what a court may find obscene and how case law helps to define what types of speech will be protected.

The National Obscenity Law Center
This site of cases, articles, and information on obscenity law is run by Morality in the Media. The site provides research and information on obscenity in an effort to enforce obscenity laws. Find a case or an issue that is currently under debate and decide with which side you agree.

Miller v. California
Read a summary of the case that sets out the three-part guidelines used to determine if a work is obscene. From this site, you may also listen to the oral arguments or read the full opinion. Why is obscene work not protected by the Constitution?

Reno v. ACLU
Explore a summary of the case dealing with obscene material over the Internet. From this site, you may also listen to the oral arguments or read the full opinion. What did the Court decide? Do you agree with the Court’s decision and reasoning?

Cybersmut
The Internet brings many First Amendment issues to the attention of the courts and the public. Take a closer look at how the Internet is creating a new debate on the freedom of speech and obscene material.

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Defamation
Defamation—When Careless Words Can Be Costly
Brush up on your understanding of defamation. What is the difference between slander and libel?

Anti-Defamation League
Browse the Web site of the Anti-Defamation League. With which type of defamation is this organization concerned? Explore articles about the issues with which this organization has been involved and what actions were taken.

Defamation Online
This site describes the issues involved with defamation on the Internet. How do the elements of traditional defamation cases surface in online cases?

New York Times v. Sullivan
Read the case discussed in “The Case of the Public Official’s Lawsuit for Libel” in your textbook. From this page, you may also read the full text of the decision or listen to the oral arguments.

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Commercial Speech

Government Regulation of Commercial Speech
Explore a thorough description of the government regulation—based on legal decisions—of commercial speech. How is commercial speech treated differently from other types of speech?

Government Regulation of Commercial Speech: Important Cases
Government regulation of commercial speech is protected more now than ever before. Examine significant Supreme Court decisions that changed the view of how commercial speech should be treated. What does each decision mean?

Commercial Speech Digest
Find information on the most recent laws and issues related to commercial speech. Read one of the articles and explain the issues involved. How do you think the conflict should be resolved?

Commercial Speech and the ACLU
Explore the American Civil Liberties Union’s site on commercial speech. Look at the current news stories and issues the ACLU presents. Should commercial speech receive different First Amendment protections than other types of speech?

Nike v. Kasky
Examine the decision, briefs, oral arguments, and numerous articles commenting on this Supreme Court case. Nike is accused of falsely responding to accusations against its trade practices. Read the summary of the issue and the decision.

National Do-Not-Call Registry
The government's plan to reduce the number of telemarketing calls to private homes brought up many commercial speech issues. Read this overview of the court challenges to the registry.

Spam and Commercial Speech
Spam, or unsolicited e-mails from commercial or nonprofit organizations, is raising many commercial speech issues. Read this article and discuss ways to resolve this problem.

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Fighting Words, Offensive Speakers, and Hostile Audiences
The Fighting Words Doctrine
Learn exactly what fighting words are and the way that courts treat fighting words.

Terminiello v. Chicago
Read the case referred to in “The Case of the Offensive Speaker” in your textbook. From this page, you may also link to the full decision or listen to the oral arguments.

Fighting Words Threaten Peace
Why are fighting words restricted? What other factors does a court consider when deciding if speech should be protected or restricted?

Dennis v. United States
Take a closer look at this case that is referred to in your textbook. This case centers on communism. Although we are not as concerned with communism today as in past decades, what types of topics would this case apply to today?

Balancing Free Speech and Danger
A court must balance whether speech involves a clear and present danger of unlawful action with the notion that the least-restricted speech is good for our society. Scroll through an explanation of this “balancing” test.

The Clear and Present Danger Test
Explore this site designed specifically to explain the constitutional issues of clear and present danger. What cases does this page mention? What test is used today?

The Incitement Test
This page is designed specifically to explain the constitutional issue of incitement. What cases does this page mention? Is this test used today?

Brandenburg v. Ohio
The “incitement test” comes from a Supreme Court case about a Ku Klux Klan leader who makes a speech encouraging criminal activity. Read a summary of this case. From this page, you may also link to the full text of the decision or listen to the oral arguments.

National Security and the First Amendment
National security is often a large concern when constitutional rights are at issue. Read this explanation of how the Constitution and national security have interacted thus far. Do you think there will be changes in the future?

Hate Speech
Learn more about hate speech. This article mentions specific instances of hate speech and cases that have been decided by courts.

ACLU: Opposition to Hate Speech Regulations
Not everyone supports restrictions placed on hate speech. While these organizations or people do not always agree with the message of hate speech, their goal is avoid any limitations on speech. Do you think hate speech should be restricted?

International Association of Chiefs of Police: Hate Crime
Read information provided by and for chiefs of police that may deal with hate crimes in their own areas. How do officials know when a crime is a hate crime? What tips can police follow to prevent hate crimes?

Wisconsin v. Mitchell
Read the full text of the decision by the Supreme Court allowing criminal sentences to be affected by whether the criminal chose the victim based on hate. Do you think hate crimes should be punished differently than crimes not motivated by hate?

American Library Association: Hate Speech
Read through this collection of articles on hate speech by the American Library Association. Some articles argue that censorship should never happen, while others support the censorship of hate speech. Once you have learned about the arguments on both sides, decide which side you find most persuasive.

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Time, Place, and Manner Restrictions
The Public Forum
What is the definition of a “public forum”? Why are free speech rights restricted to public forums? Read the cases mentioned on this page to learn more.

Free Speech on Public College Campuses
Public colleges are a place where free speech issues often arise. Read about the time, place, and manner restrictions that colleges try to implement on their campuses and the reactions by students. Should colleges be able to restrict the speech of students?

“Adult Speech” Restrictions
Read the case of an adult bookstore and its right to occupy a building in a specific neighborhood. Do cities have the right to restrict what businesses may sell?

Collin v. Smith
Read the full text of the Seventh Circuit federal decision in “The Case of the Nazis in Skokie.” What did the court decide?

Smith v. Collin
Read the Supreme Court denial of certiorari in “The Case of the Nazis in Skokie.” Why did the Court deny a hearing? Were the Neo-Nazis allowed to march?

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Symbolic Speech
Defining Symbolic Speech
Symbolic speech can be difficult to define. Read this explanation of what symbolic speech is and why it is hard to determine what constitutes symbolic speech.

Supreme Court Free Speech Cases
Read through the landmark free speech cases on this list. Which cases deal with symbolic speech?

Texas v. Johnson
Browse a summary of the flag-burning case mentioned in your text. From this page, you may also read the full text of the Court’s decision or listen to the oral arguments. How is flag-burning connected to hate speech?

Texas v. Johnson
Learn more about the flag-burning case at the Landmark Cases Web site. Read a summary of the case, learn background about the case, read the decision, and answer discussion questions.

Flag-Burning and Free Speech
Explore the debate concerning free speech and flag-burning. What are the arguments on both sides of this issue?

Flag-Burning and State Laws
Although the Supreme Court has struck down flag-burning statutes in the past, many states have flag-burning statutes of their own. Read summaries of these laws. Does your state have a law against desecration of the flag?

Forsyth County, GA v. Nationalist Movement
Read this Supreme Court case on parade permit fees. Discuss whether cities should be allowed to assess fees for parade permits. Can cities place any other restrictions on who may receive a permit?

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Vagueness and Overinclusive Laws
An Unconstitutionally Vague Law
To better understand what an unconstitutionally vague law is, read this article about a Detroit noise ordinance that was declared unconstitutionally vague.

Ashcroft v. Free Speech Coalition
Read a description of the Supreme Court decision striking down a child-pornography law. On what grounds was the law overturned? Click on the case name to read the full text of the decision. Scroll to the bottom of the article to read updates on efforts to pass a constitutionally-permissible law against child-pornography on the Internet.

R.A.V. v. City of St. Paul, Minnesota
Browse a summary of the cross-burning case from your textbook. From this page, you may also read the full text of the decision.

Virginia v. Black
Take a closer look at the Supreme Court decision allowing laws that forbid cross-burning, but only if the laws are very specific. What was wrong with the Virginia law in this case?

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