First+Amendment+-+Freedom+of+Speech

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

Limits on Speech during times of conflict:
Sedition Act of 1798 Espionage Act of 1917 and Sedition Act of 1918
 * //This act declared that any treasonable activity, including the publication of "any false, scandalous and malicious writing," was a high misdemeanor, punishable by fine and imprisonment. This effectively negated the idea of freedom of speech since this targeted and eliminated certain forms of speech. //
 * //The Espionage Act made it a crime to make of convey false reports or false statements with the intent to interfere with the operation or success of the military or naval forces of the US, to cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty in the military, . It also gave the president the power to censor publication of material that is potentially useful to the enemy. //
 * //Similar to the espionage act, the Sedition Act made it a crime to speak out against the government or to discourage people from joining the military. //


 * ======//The Smith Act made it an offense to advocate or belong to a group that promoted the violent overthrow of the government. This restricted the speech of communist supporters in the U.S. This was held as constitutional since such people were conspiring against and threatening the government. This act was only to be enforced in instances where speech is used for dangerous preparation rather than harmless discussion.// ======

Internal Security Act of 1950
 * //Also known as the McCarran Act, this act called for the fingerprinting and registration of all "subversives" at large in the United States. Most importantly, this legislation required members of U.S. Communist groups to register with the attorney general and such organizations had to provide specific information like a list of members.//

Freedom of Speech cases:
//Schenck v US//
 *  //Schenck was suing the United States government, due to the fact that they were trying to start a draft during WWI -also known as a Conscription Act. Schenck argued that drafting men against their will was wrong and should not be done, so he sent out circulars stating his opinion on the subject, and how wrong it was. The court established that under the Espionage Act -that any persons can be reprimanded if they are attempting to cause insubordination within the military-, the freedom of speech does not apply. The court found the US innocent for the Conscription Act, unanimously voting against Schenck 9-0. This court ruling demonstrated the weakness of Civil Liberties, e// specially during war-time.

//Texas v Johnson// //Brandenburg v Ohio//
 * //The state of Texas was suing Johnson due to his actions of burning an American flag in protest of the Regan administration. Texas ruled that Johnson violated laws regarding the desecration of flags, was jailed for one year, and fined $2000. The Texas Court of Criminal Appeals reversed the conviction; finding Johnson innocent, and so the case went to the Supreme court. Johnson was found innocent after a close 5-4 vote. The Supreme Court stated that since the burning of the flag had a political nature and was a form of self-expression; he was protected under the Freedom of Speech. The fact that an audience found the act offensive doesn't condone the action to incriminate an individual.This empowered the idea that individuals are indeed allowed to express themselves due to the Freedom of Speech.//
 * Brandenburg was being sued by the state of Ohio due to him giving speeches regarding the assembly and encouragement of KKK actions. Ohio had composed a law stating that it was illegal to incite and encourage actions that may bring harm to individuals, or may damage properties. The Supreme Court ruled that the law violated the Constitution and the individuals right to free speech and assembly. According to the 8-1 vote, the court found Brandenburg innocent. Again, this established the individuals safety to express their freedom of speech and assembly and the greater power Supreme Court has over state federal courts.

<span style="color: #0000ff; font-family: 'Times New Roman',Times,serif;">**Current restrictions on Free Speech:**
<span style="color: #0000ff; font-family: 'Times New Roman',Times,serif;"> __Libel:__ <span style="color: #0000ff; font-family: 'Times New Roman',Times,serif;"> Libel <span style="color: #0000ff; font-family: 'Times New Roman',Times,serif;"> __is the written publication of false or malicious statements that damage an individual's reputation. The restriction of libel on free speech is more harmful to public figures than it is to private individuals. Public figures who commit libel historically have a difficult time winning damage suits because even the slightest defamatory comment against another public figure mars their reputations to an extent. Private individuals are not held to the same standard; it is historically easier for them to win libel cases.__ <span style="background-color: #ff8888; color: #0000ff; font-family: 'Times New Roman',Times,serif;">__Slander:__ <span style="color: #0000ff; font-family: 'Times New Roman',Times,serif;"> Slander <span style="background-color: #ff8888; color: #0000ff; font-family: 'Times New Roman',Times,serif;">__is the vocal publication of false or malicious statements that damage an individual's reputation. The restriction of slander on free speech is harmful to public figures because it holds them accountable for the things they say, often ignoring the context in which those individuals spoke.__ <span style="color: #0000ff; font-family: 'Times New Roman',Times,serif;"> Obscenity (including the Communications Decency Act - __1997):__ <span style="color: #0000ff; font-family: 'Times New Roman',Times,serif;"> __Obscenity is the public display of sexually explicit and offensive materials.__ Obscenity restricts free speech by encouraging the censorship of images that are displayed for public view.