Free Speech

Free Speech

Afforded highest protection by courts.

Symbolic Speech.

§Texas v. Johnson (1989).

§R.A.V. vs. City of St.Paul (1992).

Commercial Speech

Advertising is protected speech.  Restrictions must:

§Implement substantial government interest;

§Directly advance that interest; and

§Go no further than necessary.

Case 4.3: Bad Frog Brewery (1998).

Corporate Political Speech

Afforded significant protection by the first amendment but not to the degree of speech of natural persons.

First National v. Bellotti (1978).

Consolidated Edison v. Public Service Commission (1980).

Unprotected Speech

Certain types of speech are not protected by the first amendment:

§Slander.

§Obscenity (Miller v. California).

§Fighting Words.

Online Obscenity

§CDA, COPA, Children’s Internet Protection Act.