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AP US Government
Unit 3 Overview: Civil Liberties and Civil Rights
3.1 The Bill of Rights
3.2 First Amendment: Freedom of Religion
3.3 First Amendment: Freedom of Speech
3.4 First Amendment: Freedom of the Press
3.5 Second Amendment: Rights to Bear Arms
3.6 Amendments: Balancing Individual Freedom with Public Order and Safety
3.7 Selective Incorporation & the 14th Amendment
3.8 Amendments: Due Process and the Rights of the Accused
3.9 Amendments: Due Process and the Right to Privacy
3.10 Social Movements and Equal Protection
3.11 Government Responses to Social Movements
3.12 Balancing Minority and Majority Rights
3.13 Affirmative Action
3.14 Required Supreme Court Cases

👩🏾‍⚖️ap us government review

3.3 First Amendment: Freedom of Speech

Verified for the 2025 AP US Government exam•Last Updated on March 3, 2025

The First Amendment to the United States Constitution, as a refresher, is one of the most important amendments and provides for a number of key liberties, including freedom of speech. This amendment guarantees individuals the right to express themselves freely, without fear of government censorship or repression. This right is considered to be one of the cornerstone rights of American democracy and has been the subject of much debate and discussion over the years. 🎊

Freedom of speech is a broad concept that encompasses many forms of expression, including written, spoken, artistic, and symbolic expression. This right is considered to be essential for the functioning of a democratic society, as it allows individuals to express their opinions, ideas, and beliefs freely and openly. This freedom is not absolute, however, and there are certain limits and exceptions, such as speech that incites violence or threatens national security.

The balance between order and individual freedoms are also expressed in the freedom of speech clause. The AP exam will test your knowledge of two related court cases: Tinker v. Des Moines Independent Community School District (1969) and Schenck v. United States (1919).

Illustrative Examples

Tinker v. Des Moines (1969)

The Supreme Court of the United States has made clear that symbolic speech is protected under the First Amendment of the Constitution. This means that the right to express oneself through symbols and gestures, as well as through words, is protected. This principle was demonstrated in the landmark case of Tinker v. Des Moines Independent Community School District (1969). 🏫

Source: Khan Academy

In this case, a group of public school students (particularly a teenager named John Tinker) were suspended for wearing black armbands in school to protest the Vietnam War. The students sued with the help of the American Civil Liberties Union (ACLU), claiming that their First Amendment rights were being violated. The Supreme Court agreed and held that the students had the right to express their views through symbolic speech, even if it was disruptive or unpopular. The Court recognized that public schools are limited public forums and that students do not lose their constitutional rights when they enter the school gates.

The decision in Tinker v. Des Moines is significant because it established that symbolic speech is protected by the First Amendment and that the government cannot censor or restrict such speech simply because it is controversial or unpopular. This case has been widely cited in subsequent court cases and has become a cornerstone of First Amendment jurisprudence.

The protection of symbolic speech is an important aspect of the First Amendment and is essential for a functioning democracy. It allows individuals to express their views and opinions in creative and expressive ways, even if they are not popular or widely accepted. This freedom is critical for fostering a vibrant and open society, where individuals have the right to express themselves freely and openly.

Schenck v. United States (1919)

Schenck v. United States was a landmark case that dealt with the issue of freedom of speech and its limits in the context of wartime. Charles Schenck, a Socialist, was arrested for handing out pamphlets urging men not to enlist in World War I. He was convicted under the Espionage Act of 1917, which made opposition to the US entering the war a treasonable offense. 🕵️

Schenck's attorney argued that the Espionage Act violated the First Amendment's guarantee of free speech. However, the Supreme Court ruled that Schenck's actions were not protected by the First Amendment. The Court held that the government had a legitimate interest in preventing speech that posed a clear and present danger to the nation during a time of war.

The Schenck case also established the "clear and present danger" test, which is used to limit First Amendment rights when they pose a significant threat to the safety or well-being of American citizens. A famous example of this test was provided by Justice Oliver Wendell Holmes, who argued that falsely shouting "fire!" in a crowded theater was not protected speech because it would cause panic and endanger lives.

Source: Bill of Rights Institute

The Schenck case is important because it established that freedom of speech is not absolute and can be limited in certain circumstances, such as during times of war or when speech poses a clear and present danger to the public. The "clear and present danger" test has been used in subsequent cases to determine when speech can be restricted.

🎥 Watch: AP GOPO - 1st and 2nd Amendments

Key Terms to Review (12)

American Civil Liberties Union (ACLU): The American Civil Liberties Union (ACLU) is a nonprofit organization that focuses on defending and preserving individual rights and liberties as guaranteed by the Constitution and laws of the United States. The ACLU plays a vital role in protecting First Amendment rights, advocating for free speech, religious freedom, and the right to privacy, among other civil liberties. By engaging in litigation, lobbying, and public education, the ACLU seeks to ensure that all individuals enjoy equal protection under the law.
Clear and Present Danger Test: The Clear and Present Danger Test is a legal standard established by the Supreme Court to determine when speech can be limited under the First Amendment. This test assesses whether the speech in question poses a significant and immediate threat to society or public safety, balancing individual rights against the need for government regulation. It is essential in evaluating cases involving free speech, especially during times of national crisis or war.
Espionage Act of 1917: The Espionage Act of 1917 was a United States federal law enacted to prohibit interference with military operations, support of U.S. enemies during wartime, and to prevent the disclosure of national defense information. This act played a crucial role in the regulation of free speech during times of conflict, raising questions about the limits of the First Amendment rights to free speech and expression, especially during World War I.
First Amendment: The First Amendment to the United States Constitution is a foundational legal provision that guarantees essential freedoms, including the freedom of speech, religion, press, assembly, and petition. It plays a crucial role in protecting individual liberties and limiting government power, influencing the dynamics of democracy and civil rights throughout American history.
Freedom of Speech: Freedom of Speech is a fundamental right protected by the First Amendment, allowing individuals to express their thoughts, opinions, and ideas without government interference. This right plays a crucial role in democratic societies, as it fosters open dialogue, promotes individual autonomy, and enables the criticism of government actions.
Government Censorship: Government censorship refers to the suppression or regulation of speech, communication, or information by authorities in order to control what is disseminated to the public. This practice often raises significant concerns regarding the First Amendment rights, which protect freedom of speech and press, leading to ongoing debates about the balance between national security and individual freedoms.
Justice Oliver Wendell Holmes: Justice Oliver Wendell Holmes was an influential Associate Justice of the U.S. Supreme Court from 1902 to 1932, known for his impactful opinions on the First Amendment and free speech. His legal philosophy emphasized the importance of a marketplace of ideas, which significantly shaped the interpretation of free speech rights in America, particularly through cases that tested the limits of governmental authority and individual expression.
Public Schools: Public schools are educational institutions funded and operated by government entities, primarily state and local governments, that provide free education to children. These schools play a crucial role in promoting equal access to education and reflect broader societal values, especially in the context of individual rights and social movements advocating for equal protection.
Schenck v. United States: Schenck v. United States is a landmark Supreme Court case from 1919 that established the 'clear and present danger' test for determining when speech is not protected under the First Amendment. This case arose during World War I, where Charles Schenck was convicted for distributing leaflets urging resistance to the draft. The ruling highlighted the balance between individual freedoms and national security, setting a precedent for future cases involving free speech.
Symbolic Speech: Symbolic speech refers to nonverbal communication that conveys messages or ideas, often used as a form of expression protected under the First Amendment. This concept includes actions like flag burning, protests, and wearing armbands to express political beliefs. Symbolic speech plays a crucial role in defining the limits of free expression and the relationship between individual rights and government authority.
Tinker v. Des Moines Independent Community School District: Tinker v. Des Moines Independent Community School District is a landmark Supreme Court case from 1969 that affirmed the First Amendment rights of students in public schools, ruling that students do not lose their constitutional rights to freedom of speech when they enter school. The case arose when students wore black armbands to protest the Vietnam War, and the Court held that their actions were a form of symbolic speech protected under the First Amendment, establishing a precedent for student expression in educational settings.
Vietnam War Protest: The Vietnam War Protest refers to the widespread demonstrations and movements that occurred in the United States during the 1960s and early 1970s, opposing U.S. involvement in the Vietnam War. These protests were fueled by various factors, including public disillusionment with government policies, concerns over civil rights, and a growing anti-war sentiment among students and activists, significantly impacting American society and politics.
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3.4 First Amendment: Freedom of the Press