Freedom Of Speech

Question 0

Four criteria for evaluating the extent of freedom of speech

Answer 0

1. Freedom to communicate without fear of government sanction or censorship.
2. Freedom from compulsory speech.
3. Freedom of access to effective channels of communication.
4. Freedom from government domination of the free speech environment.

Question 1

Freedom of speech definition

Answer 1

The right to be free from unreasonable constraints on expression. Boundaries set by Supreme Court. Also, freedom to communicate.

Question 2

Reasons for freedom of speech (4)

Answer 2

1. It is vital to our system of self government.
2. It facilitates the discovery of the truth.
3. It promotes individual dignity and self-worth.
4. Any regime for speech control would be unworkable and deleterious.

Question 3

Arguments in support of restricting freedom of speech (3)

Answer 3

1. Individual rights should not supersede communitarian needs.
2. Speech rights should not supersede other individual rights.
3. Speech rights do not guarantee effective freedom.

Question 4

The marketplace concept

Answer 4

Listeners may choose to accept/reject messages from sources.

Question 5

Implications of the marketplace metaphor (2)

Answer 5

1. Freedom of speech protects speech we may despise

2. The remedy for bad ideas is more speech

Question 6

Process for resolving free speech questions

Answer 6

The communicator delivers a message.
The communicator's right is challenged.
A trial or hearing is held. 
The trial court's ruling is appealed.
The case is appealed to the Supreme Court.

Question 7

Absolutism

Answer 7

The viewpoint that all speech is protected by the First Amendment.

Question 8

High value speech

Answer 8

Political speech (and perhaps academic freedom)

Question 9

Intermediate value speech

Answer 9

Examples: advertisements, speeches, printed books, radio and television airwaves.

Question 10

Low value speech

Answer 10

Defamation, obscenity, fighting words, hate words.