The Limitations of the Freedom of Speech

Does the First Amendment mean anyone can say anything at any time? No. The Supreme Court has spurned an rendition of speech without limits. Because the First Amendment has such strong language, we begin with the presumption that speech is nurseed. Over the years, the courts have decided that a few other public interests for example, content security, justice or personal safety override freedom of speech. There are no simple rules for determining when speech should be limited, but thither are some general tests that help.Clear and Present Danger Will this act of speech create a dangerous situation? The First Amendment does not protect statements that are uttered to provoke violence or incite illegal action. Justice Holmes, speaking for the unanimous Supreme Court, stated, The question in every bailiwick is whether the words used are used in such circumstances and are of such a nature as to create a fetch and present danger that they will bring about the substantive evils that C ongress has a right to prevent. Fighting Words Was something said face-to-face that would incite present(prenominal) violence? InChaplinsky v. parvenue Hampshire, the Supreme Court stated that the English language has a number of words and expressions which by general consent are combat words when said without a disarming smile. Such words, as ordinary men know, are likely to cause a fight. The court determined that the New Hampshire statute in question did no more than prohibit the face-to-face words plainly likely to cause a breach of the peace by the addressee, words whose speaking constitute a breach of the peace by the speaker including classical fighting words, words in current use little classical but equally likely to cause violence, and other disorderly words, including profanity, obscenity and threats. Jurisdictions may write statutes to punish verbal acts if the statutes are carefully cadaverous so as not unduly to impair liberty of expression. Also seeWhat is the Fighting Words Doctrine? Libel and Slander Was the statement false, or put in a context that makes true statements misleading? You do not have a constitutional right to tell lies that damage or defame the reputation of a person or organization. Obscenity In June 1973 inMiller v. California, the Supreme Court held in a 5-to-4 decision that indecent materials do not enjoy First Amendment protection. InMiller v. California(1973), the court refined the definition of obscenity established inRoth v.United States(1957). It also rejected the utterly without redeeming social value test ofMemoirs v. Massachusetts. In the three-part Miller test, three questions must receive affirmative responses for material to be considered obscene 1. Would the add up person, applying the contemporary community standards, viewing the work as a whole, find the work appeals to the prurient interest? 2. Does the work depict or describe intimate conduct in a patently offensive way? 3.Does the work taken as a whole lack serious literary, artistic, political, or scientific value? One must distinguish obscene material, speech not protected by the First Amendment, from indecent material, speech protected for adults but not for children. The Supreme Court also ruled that higher standards may be established to protect minors from exposure to indecent material over the airwaves. InFCC v. Pacifica Foundationthe court recognized an interest in protecting minors from exposure to vulgar and offensive spoken language. Conflict with Other Legitimate neighborly or Governmental Interests Does the speech conflict with other compelling interests? For example, in multiplication of war, there may be reasons to restrict First Amendment rights because of conflicts with national security. To suss out a fair trial without disclosure of prejudicial information before or during a trial, a judge may place a fray order on participants in the trial, including attorneys. Placing prior restraint upon the media us ually is unconstitutional. InNebraska Press Association v.Stuart(1976),the Supreme Court established three criteria that must be met before a judge can issue a gag order and restrain the media during a trial. Time, Place, and Manner These regulations of expression are content-neutral. A question to ask Did the expression occur at a time or place, or did the speaker use a method of communicating, that interferes with a trustworthy government interest? For example, distribution of information should not impede the flow of traffic or create excessive noise levels at certain times and in certain places.