Chapter 2: Deciding what should be protected speech & when it should be restricted

Chapter 2

Deciding what should be protected speech & when it should be restricted

How has the court balanced an individual’s freedom of speech with the need for social order?

Year
Facts of the case
Constitutional question
Summary of the arguments
Decision
Significance

time, place, & manner rule

defamatory, offensive & obscene speech regulations

clear & present danger test

Brandenburg test

substantial disruption test

Espionage Act, 1917