Omar Bennett
The First Amendment protects the expression of unpopular views, including hate speech, because it is not the role of the government to shield individuals from ideas and opinions they find unwelcome, disagreeable, or offensive. Instead, the government's role is to protect individuals' freedom of speech in an effort to allow for the expression of unpopular and countervailing opinion and encourage robust debate on matters of public concern. This includes symbolic speech, such as displaying flags, burning flags, wearing armbands, and burning crosses.
| Characteristics | Values |
|---|---|
| Protects freedom of speech | Allows for the expression of unpopular and countervailing opinion |
| Encourages robust debate | Encourages discussion on matters of public concern |
| Applies to symbolic expression | Includes displaying flags, burning flags, wearing armbands, burning crosses |
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What You'll Learn
- The First Amendment protects symbolic speech, such as flag burning, displaying flags, and wearing armbands
- The government's role is to protect individuals' freedom of speech, even if it is unpopular or offensive
- The First Amendment does not protect popular speech
- The First Amendment protects hate speech, unless it falls into a category of unprotected speech, such as harassment or true threats
- The First Amendment protects the expression of ideas that the majority may find offensive
The First Amendment protects symbolic speech, such as flag burning, displaying flags, and wearing armbands
The Supreme Court first gave symbolic speech First Amendment protection in Stromberg v. California, 283 U.S. 359, 51 S. Ct. 532, 75 L. Ed. 1117 (1931). The Court overturned a California statute that prohibited the display of a red flag as a "sign, symbol or emblem of opposition to organised government". In Tinker v. Des Moines Independent Community School District (1969), the Supreme Court held that a ban on students wearing black armbands to protest the war was a suppression of student symbolic expression and therefore a First Amendment violation. In Spence v. Washington (1974), the Supreme Court said that laws dealing with flag burning or misuse are "directly related to expression in the context of activity".
The First Amendment protects unpopular views because it is not the proper role of the government to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive. Instead, the government's role is to broadly protect individuals' freedom of speech in an effort to allow for the expression of unpopular and countervailing opinion and encourage robust debate on matters of public concern.
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The government's role is to protect individuals' freedom of speech, even if it is unpopular or offensive
The Supreme Court has held that freedom of speech applies to symbolic expression, such as displaying flags, burning flags, wearing armbands, and burning crosses. In one case, the Court agreed that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment.
Hate speech receives substantial protection under the First Amendment, based on the idea that it is not the proper role of the government to attempt to shield individuals from ideas and opinions they find unwelcome or offensive. Instead, the government should broadly protect individuals' freedom of speech to allow for the expression of unpopular and countervailing opinions and encourage robust debate on matters of public concern.
While hate speech may cause others to feel grief, anger, or fear, it may only be prohibited and punished if it falls into one or more categories of unprotected speech, such as harassment or true threats.
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The First Amendment does not protect popular speech
The First Amendment protects the expression of unpopular views because it is not the proper role of the government to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive. The government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.
For example, in the case of *Snyder v. Phelps*, Snyder sued Phelps and the church, claiming that their actions caused him severe emotional distress. In defence, Phelps argued that his speech (the picketing and the signs) was protected under the Free Speech Clause of the First Amendment to the Constitution.
In another case, the Supreme Court held that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment. The Court noted that "a law directed at the communicative nature of conduct must, like a law directed at speech itself, be justified by the substantial showing of need that the First Amendment requires."
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The First Amendment protects hate speech, unless it falls into a category of unprotected speech, such as harassment or true threats
The First Amendment also protects symbolic speech, such as displaying flags, burning flags, wearing armbands, and burning crosses. The Supreme Court has held that freedom of speech applies to these symbolic expressions. For example, in one case, the majority of the Court agreed that flag burning constitutes a form of "symbolic speech" that is protected by the First Amendment. The Court noted that "a law directed at the communicative nature of conduct must, like a law directed at speech itself, be justified by the substantial showing of need that the First Amendment requires."
However, there are limits to the protection of hate speech under the First Amendment. Hate speech may be prohibited and punished if it falls into one or more categories of unprotected speech, such as harassment or true threats. For example, in the case of Snyder v. Phelps, Albert Snyder sued Phelps and the Westboro Baptist Church, claiming that their actions caused him severe emotional distress. Phelps argued that their speech (the picketing and signs) was protected under the Free Speech Clause of the First Amendment. The question was whether the signs and comments while picketing Matthew Snyder's funeral related to matters of public concern and were thus entitled to greater protection under the First Amendment.
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The First Amendment protects the expression of ideas that the majority may find offensive
The First Amendment applies to symbolic expression, such as displaying flags, burning flags, wearing armbands, and burning crosses. For example, the Supreme Court has held that flag burning is a form of symbolic speech that is protected by the First Amendment. The Court noted that "the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable".
Hate speech receives substantial protection under the First Amendment, based on the idea that the government should not shield individuals from ideas and opinions they find unwelcome or offensive. Instead, the government should broadly protect individuals' freedom of speech to encourage robust debate on matters of public concern, even when this devolves into offensive or hateful speech.
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Frequently asked questions
The Constitution protects the expression of unpopular views because it is not the role of the government to shield individuals from ideas and opinions they find unwelcome, disagreeable or offensive. Instead, the government's role is to broadly protect individuals' freedom of speech to allow for the expression of unpopular and countervailing opinion and encourage robust debate on matters of public concern.
The government's role is to broadly protect individuals' freedom of speech, even when such debate devolves into offensive or hateful speech that causes others to feel grief, anger or fear.
Symbolic speech is a form of expression that is protected by the First Amendment. Examples include displaying flags, burning flags, wearing armbands, and burning crosses.
Hate speech receives substantial protection under the First Amendment. However, hate speech may be prohibited and punished if it falls into one or more categories of unprotected speech, such as harassment or true threats.
