The Groundwork
  • Index
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    Legal Stuff
  • Administrators Are Stupid
  • 1st Amendment Theory
  • Protected Speech
  • Exceptions to the 1st
  • State Law vs. Federal
  • Public School vs. Private School
  • The 5th Amendment
  • The Tinker Standard
  • Search & Seizure Rights
  • If You Get In Deep Shit
  • How to Read a Court Opinion

    Journalism
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  • The Story of Mr. Harvey Wade

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  • Factsheet Five

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  • Izzy's Guide
    to Starting & Running an Underground Paper

    Made from 100% Recycled Pimply Teenager Angst



    Protected Speech: What does the First Amendment cover?

    First Amendment protection is not limited to "pure speech" -- books, newspapers, leaflets, and rallies. The First also protects "symbolic speech" -- nonverbal expression whose purpose is to communicate ideas.

    Clothing meant to convey a political meaning or even a Nazi swastika are all examples of protected symbolic speech. It's in this area of the First Amendment that school administrators and students often clash. If you wear the anarchist's symbol on your shirt or backpack, chances are, you've probably been harassed and you know exactly what I'm talking about.

    Government can limit some protected speech by imposing "time, place and manner" restrictions. This is most commonly done by requiring permits for meetings, rallies, and demonstrations, so if you plan to do any of those, you need to go through your City Hall. Do know that a permit cannot be unreasonably withheld, nor can it be denied based on the content of the speech.

    Viewpoint Discrimination or discriminating against a specific point of view through an ordinance or rule of some kind, is not allowed by the courts but is something that states are guilty of ALL the time.

    Hate speech, like it or not, is protected. The basic premise rests on the idea that we shouldn't give the government the power to decide which opinions are hateful, for history has shown that government is more apt to use this power to prosecute minorities than to protect them. If we are to allow some types of speech, we should allow all of them.

    isabel@oblivion.net | AIM: Isabeetle | ICQ: 1757411
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