Saturday, October 12, 2013

Questions Chp 6 10/11


1) List and describe the three types of speech.
1. Pure speech- The verbal expression of thought and opinion
2. Speech plus- Actions such as marching or demonstrating
3. Symbolic speech- Involves using actions and symbols, instead of words to express opinions

2) How has Congress regulated speech? List three ways and describe each.
Congress has regulated speech by making three things that speech must pass. One, the "clear and present danger" test, two, the bad tendency doctrine, and three, the preferred position doctrine. Rule one, the clear and present danger test, when speech in question clearly presents immediate danger it is not protected. Rule two, the bad tendency doctrine, speech can be restricted if it could lead to illegal action. Rule three, the preferred position doctrine, holds that First Amendment freedoms are more fundamental than other freedoms because they provide the basis of all liberties.

3) Why types of speech is not protected?
The types of speech that are not protected are defamatory speech, which is false speech that damages a person's good name, character, or reputation, and "fighting words" which are words that are so insulting that they provoke immediate violence.

4) How have changes in Supreme Court definitions of seditious speech expanded First Amendment rights? Cite cases to support your answer. 
Changes in the Supreme Court definitions of seditious speech have expanded the First Amendment rights by making First Amendment freedoms more fundamental than other freedoms.

5) List how the Supreme court has limited student speech.
The Supreme Court has limited student speech by making it clear that students do not give up all rights to free speech. Students may be punished for lewd or indecent speech at school events and student speech may also be regulated in school newspapers.

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