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Freedom of Speech and the Fifth Amendment

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Freedom of Speech and the Fifth Amendment
• 1. What does the term "Freedom of Speech" mean? Give examples of both allowed speech and prohibited speech.
Freedom of speech is the right to say what you want when you want. Some countries don't have this right. In the United states, there are limitations, such as Libel, Slander, Obscenity, Sedition (speaking against the government),Criminal conduct such as bribery, perjury, or incitement to riot. Freedom of speech includes Art, Music, Clothing, Internet Communication, and Unspoken Speech, Etc.

Freedom of speech includes the right:
• Not to speak (specifically, the right not to salute the flag).
West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).
• Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”).
Tinker v. Des Moines, 393 U.S. 503 (1969).
• To use certain offensive words and phrases to convey political messages.
Cohen v. California, 403 U.S. 15 (1971).
• To contribute money (under certain circumstances) to political campaigns.
Buckley v. Valeo, 424 U.S. 1 (1976).
• To advertise commercial products and professional services (with some restrictions).
Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977).
• To engage in symbolic speech, (e.g., burning the flag in protest).
Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).
Freedom of speech does not include the right:
• To incite actions that would harm others (e.g., “[S]hout[ing] ‘fire’ in a crowded theater.”).
Schenck v. United States, 249 U.S. 47 (1919).
• To make or distribute obscene materials.
Roth v. United States, 354 U.S. 476 (1957).
• To burn draft cards as an anti-war protest.
United States v. O’Brien, 391 U.S. 367 (1968).
• To permit students to print articles in a school newspaper over the objections of the school administration.
Hazelwood School

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