Changes

Flag burning is now free speech.  So are political expenditures.  Spending by a political candidate of his own money on his own campaign is free speech.

Flag burning is now free speech.  So are political expenditures.  Spending by a political candidate of his own money on his own campaign is free speech.

Commercial speech can be protected now too.  Certain types of advertisements, such as ads for legal or medical services, cannot be prohibited.

Commercial speech is protected by the Free Speech Clause too.  Certain types of advertisements, such as ads for legal or medical services, cannot be prohibited.

Free speech can include the right to hear.  It can include a right to publish and criticize the laws freely.  When combined with free press, free speech can protect newspapers which seek to publish information that the government would rather keep secret, such as embarrassing facts about an Administration.

Free speech can include the right to hear.  It can include a right to publish and criticize the laws freely.  When combined with free press, free speech can protect newspapers which seek to publish information that the government would rather keep secret, such as embarrassing facts about an Administration.

You may agree with some or all of the expansions of free speech rights above.  In general, conservatives and liberals tend to support expanding free speech rights, and for that reason free speech has greatly expanded.  Can you think of an example of someone famous who opposed free speech?  (Answer: President John Adams when he signed the Sedition Act to prohibit criticism of him; also Supreme Court Justice Oliver Wendell Holmes when he wrote the decision in ''Schenck v. United States'' (1919), which affirmed the conviction of someone for criticizing the compulsory military draft in World War I.)

You may agree with some or all of the expansions of free speech rights above.  In general, conservatives and liberals tend to support expanding free speech rights, and for that reason free speech has greatly expanded.  Can you think of an example of someone famous who opposed free speech?  (Answer: President John Adams when he signed the Sedition Act to prohibit criticism of him; also Supreme Court Justice Oliver Wendell Holmes when he wrote the decision in ''Schenck v. United States'' (1919), which affirmed the conviction of someone for criticizing the compulsory military draft in World War I.)

Public schools do not allow full free speech (should they?).  On one hand, it is easy to see why we would not allow students to be able to say whatever they like.  Should students have a right of free speech to lie?  Should students have a right to be rude to the teachers, or post criticisms of their own teachers on the internet?  There are court cases where students have been punished by schools after ridiculing their teachers on the internet, and the students then sued the school based on the Free Speech Clause in the First Amendment.  What is your view about which side should win on that issue?  

Public schools do not allow full free speech (should they?).  It is easy to see why schools would not allow students to be able to say whatever they like.  Should students have a right of free speech to lie?  Should students have a right to be rude to the teachers, or post criticisms of their own teachers on the internet?  There are court cases where students have been punished by schools after ridiculing their teachers on the internet, and the students then sued the school based on the Free Speech Clause in the First Amendment.  What is your view about which side should win on that issue?  

There is not free speech in the military, either.  If you insult your commander, then he is going to punish you for insubordination.  About twenty years before Japan sunk most of our ships at Pearl Harbor, General Billy Mitchell spoke out against how our top military commanders were leaving our navy unprotected against that sort of attack.  Later events proved him to be completely right, but at the time he was court martialed for insubordination and was both humiliated and forced to resign.  (After the Pearl Harbor attack and after Billy Mitchell died, our military admitted its mistake and reinstated his benefits).  Should there be free speech in the military?

There is not free speech in the military, either.  If you insult your commander, then he is going to punish you for insubordination.  About twenty years before Japan sunk most of our ships at Pearl Harbor, General Billy Mitchell spoke out against how our top military commanders were leaving our navy unprotected against that sort of attack.  Later events proved him to be completely right, but at the time he was court martialed for insubordination and forced to resign.  (After the Pearl Harbor attack and after Billy Mitchell died, our military admitted its mistake and reinstated his benefits).  Should there be free speech in the military?

Conservatives strongly oppose one type of expansion of free speech, however: pornography.  Some liberals oppose it too.  Pornography, like drugs, destroys those who view it, but the U.S. Supreme Court misused the Free Speech Clause to allow pornography to pollute our society.  Gambling has a similar devastating effect on the mind, but because it is conduct (activities), it is not considered to be free speech protected by the First Amendment.

Conservatives strongly oppose one type of expansion of free speech, however: pornography.  Some liberals oppose it too.  Pornography, like drugs, destroys those who view it, but the U.S. Supreme Court misused the Free Speech Clause to allow pornography to pollute our society.  Gambling has a similar devastating effect on the mind, but because it is conduct (activities), it is not considered to be free speech protected by the First Amendment.  States can prohibit gambling.

Your instructor filed briefs with the U.S. Supreme Court opposing an extension of free speech protection to the sale of violent video games to children.  But by a narrow 5-4 majority, the Supreme Court held that the Free Speech Clause gives people the right to sell the most violent video games imaginable to young children.

Your instructor filed briefs with the U.S. Supreme Court opposing an extension of free speech protection to the sale of violent video games to children.  But by a narrow 5-4 majority, the Supreme Court held in 2011 that the Free Speech Clause gives people the right to sell the most violent video games imaginable to young children.

Keep in mind that the right to free speech does not generally protect one from the resulting consequences of that speech.  The harm that some types of speech (including images) causes, both to others and to yourself, is very real.  People often lose their job because of something they said at work, or on the internet outside of work, for example.  Also, speech relating to conduct, such as threatening someone with harm or asking to do something that is illegal, is a crime punishable with jail sentences.

Keep in mind that the right to free speech does not generally protect one from the resulting consequences of that speech.  The harm that some types of speech (including images) causes, both to others and to yourself, is very real.  People often lose their job because of something they said at work, or on the internet outside of work, for example.  Also, speech relating to conduct, such as threatening someone with harm or asking to do something that is illegal, is a crime punishable with imprisonment.

===Rights of Criminal Defendants===

===Rights of Criminal Defendants===