Week #9 – First Amendment – Speech

                                       Week #9 – First Amendment – Speech          


Hall (Textbook) Chapter 9 – First Amendment Freedoms pp. 339-346 top (skip Schenck brief on p 343-344 [shaded]); 346 9.4, 9.4(a); 349 9.4(d);  pp363-369

Hall  updated 3d edition 9.4(f)  on BB

BB Reading-



            2015 Mall Protest

            Swearing at a Police Officer

            Assembly and Association

Internet – NAACP v Alabamalook up summary of the case


1.    Why did the Supreme Court find the Texas flag desecration statute unconstitutional in Texas v. Johnson?

2.   What is the Brandenburg test for speech advocating violence or other unlawful activity?

3.  What is a public forum? What are protesters’ First Amendment rights in a public forum? What restrictions can government place on a protest in a public forum?

4.  Why do some people argue that a shopping mall is like a public forum?

5.   Describe two forms of unprotected speech?

6.   What was the protest that was upheld in Snyder v Phelps? Why were protesters 1st Am rights upheld?

7.   Is cursing out a police officer protected by the First Amendment? What part of an encounter with a police would not be protected? (PS- don’t try this at home!!)

8.    Why did the ACLU defend the rights of the extreme right at Charlottesville?

9.     In NAACP v Alabama, why did Alabama want from the NAACP and what did the Supreme Court hold?

10. Find a 2020 news article about the First Amendment and the pandemic OR the First Amendment and the Black Lives Matter protests. In one paragraph, describe what happened and what the First Amendment issue was and whether you agree or not and why. Give cite to the article. Be prepared to discuss in class.

#9B  READ:

First Am and Social Media                           BB

Revenge Porn            2019                                       BB

Doxing                                                            Look up on Internet


  1. After reading the American Bar Association article above, should social media providersbe subject to First Amendment requirements of free speech or be allowed to censor as private entities?  Why or why not?
  • What is revenge porn?In your opinion, do laws that criminalize revenge porn violate the First Amendment?
  • What is doxing? In your opinion, does doxing violate the First Amendment- why or why not- explain?
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