First+Amendment+-+Freedom+of+Speech

=__**1st Amendment (Freedom of Speech):**__ =

===Limits on Speech during times of conflict: === Sedition Act of 1798 - The Sedition Act of 1798 punishes "any false, scandalous, and malicious writing against the government of the United States." [3] Espionage Act of 1917 and Sedition Act of 1918 Smith Act - forbade advocating the violent overthrow of the American Government Internal Security Act of 1950

Freedom of Speech cases:
//Schenck v US: Ruling: government can limit speech if it presents a clear and present danger of substantive evils. // Background: Durring WW1, Schenck sent out circulars saying that the draft was wrong and urged people to do things such as petitioning to repeal the Conscription Act. //Texas v Johnson -// Ruling: Protected Flag burning as free speech. Background: Gregory Lee Johnson burned an American flag as a means of protest against the policies of Reagan administration. He was tried and convicted under a Texas law outlawing flag desecration.
 * Schenck charged with conspiracy, violating the Espionage Act through the attempt to cause insubordination in the military and obstruction of recruitment[1]
 * Question: were his actions protected by his right to free speech?
 *  sentenced to one year in jail and assessed a $2,000 fine.
 * Question: Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment? [2]

//Brandenburg v Ohio- Ruling: it is permissible to advocate the violent overthrow of the government in the abstract, but not actually to incite anyone to imminent lawless action // Background: Brandenburg, leader of the KKK made a speech at a Klan rally and was convicted under an Ohio criminal syndicalism law which makes crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform, illegal as well as assembling with any society, group, or assemblage of persons formed to teach or advocate the doctrines of criminal syndicalism.

Current restrictions on Free Speech:
Libel: the publication of false or malicious statements that damage someone's reputation Slander: spoken defamation(whereas libel is written defamation) <span style="color: #0000ff; font-family: 'Times New Roman',Times,serif;">Obscenity - including the Communications Decency Act - 1997:

In the 1973 case, Miller v. California, the Supreme Court ruled that materials are obscene, and therefore not protected by free speech if: 1. The work, taken as a whole, appealed "to a prurient interest in sex." 2. The work showed sexual conduct that was specifically defined by an obscenity law 3. The work, taken as a whole, lacked "serious literary, artistic, political, or scientific value."

Communications Decency Act - act banning obscene material and criminalizing the transmission of indecent speech or images to minors.

Sources: [1] <span style="background-color: #ffffff; font-family: 'Times New Roman',Times,serif; font-size: 16px;">"SCHENCK v. UNITED STATES." //<span style="background-color: #ffffff; font-family: 'Times New Roman',Times,serif; font-size: 16px;">Schenck v. United States //<span style="background-color: #ffffff; font-family: 'Times New Roman',Times,serif; font-size: 16px;">. Web. 02 May 2012. <http://www.oyez.org/cases/1901-1939/1918/1918_437>. <span style="background-color: #ffffff; font-family: 'Times New Roman',Times,serif; font-size: 16px;">[2] "TEXAS v. JOHNSON." //Texas v. Johnson//. Web. 02 May 2012. <http://www.oyez.org/cases/1980-1989/1988/1988_88_155>. [3] "Sedition Act of 1798." //Index//. Web. 02 May 2012. <http://www.constitution.org/rf/sedition_1798.htm>. [4] <span style="background-color: #ffffff; font-family: 'Times New Roman',Times,serif; font-size: 16px;">"BRANDENBURG v. OHIO." //<span style="background-color: #ffffff; font-family: 'Times New Roman',Times,serif; font-size: 16px;">Brandenburg v. Ohio //<span style="background-color: #ffffff; font-family: 'Times New Roman',Times,serif; font-size: 16px;">. Web. 02 May 2012. <http://www.oyez.org/cases/1960-1969/1968/1968_492>.