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Rights and Liberties in the USA

The First Amendment: speech, press and assembly

  • 3 things to know
  • A2 Unit 4

Overview

Prior restraint and debate over whether hate speech should be protected.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

Explain the debate over whether hate speech should be protected.

Key term

Which freedoms does the First Amendment protect?

Key term

Why is freedom of speech regarded as foundational in American constitutional law?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Which freedoms does the First Amendment protect?

    Model answer

    Religion, speech, the press, peaceable assembly and petition of the government.

  2. 2

    Why is freedom of speech regarded as foundational in American constitutional law?

    Model answer

    Because self-government requires citizens to be able to criticise those in power and to hear competing arguments.

  3. 3

    What test did Schenck v United States (1919) introduce?

    Model answer

    The clear and present danger test for when speech may be restricted.

  4. 4

    What test replaced it in Brandenburg v Ohio (1969)?

    Model answer

    Speech may be punished only if it is directed to inciting imminent lawless action and is likely to produce it.

  5. 5

    Why is the Brandenburg test more protective of speech?

    Model answer

    It requires both intent and likelihood of immediate unlawful conduct, so advocacy of unpopular ideas alone cannot be prosecuted.

  6. 6

    What did Texas v Johnson (1989) decide?

    Model answer

    That burning the American flag as political protest is expressive conduct protected by the First Amendment.

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