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Symposium 2020: Free Speech in the United States and at Dalton: Home

Bill of Rights, Amendment I:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

-- U.S. Constitution, Bill of Rights

Includes the right:   Does not include 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)

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)

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)

Facts & Case Summary

To make or distribute obscene materials.
Roth v. United States, 354 U.S. 476 (1957)
To use certain offensive words and phrases to convey political messages.
Cohen v. California, 403 U.S. 15 (1971)
To burn draft cards as an anti-war protest.
United States v. O’Brien, 391 U.S. 367 (1968)
To contribute money (under certain circumstances) to political campaigns.
Buckley v. Valeo, 424 U.S. 1 (1976)

To permit students to print articles in a school newspaper over the objections of the school administration. 
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988)

Facts & Case Summary

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)

Facts & Case Summary

Of students to make an obscene speech at a school-sponsored event.
Bethel School District #43 v. Fraser, 478 U.S. 675 (1986)
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)

Of students to advocate illegal drug use at a school-sponsored event.
Morse v. Frederick, __ U.S. __ (2007)

Facts & Case Summary

-- United States Courts (uscourts.gov)