1. Clear and Present Danger Principle Senenck v. United States (1919)-WWI Socialist urged draft resistance arrested under Espionage Act of 1917. Supreme Court upheld conviction under “clear and present danger” principle. Since his actions would “bring about a substantial evil”

Bad Tendency Doctrine
Gitlow v. New York (1925)- Speech could be restricted even if it only has a tendency to lead to illegal action.

Preferred Position Doctrine (reverse Bad Tendency Doctrine)
Free speech is so vital that it should rarely be curtailed and then only if resulting evils are obviously imminent and substantial (40’s)
Vagueness Test-no law can be so vague and general that people will not speak freely for fear of violating the law
Least Restrictive Means- no law may restrict/limit freedom of speech if there is some other way to handle the problem
Reasonable time, place, and manner restrictions

Speech Not Protected by 1st Amendment
“Fighting words” incendiary speech
Obscenity
Libel and slander

Public Interference with Free Speech
Heckler’s veto-opposing groups threaten assembly rights by threatening violence against them
Free Speech and National Security
Alien and Sedition Acts- prohibited speech that urged resistance to lawful authority or advocates over throwing government. “Malicious writing” is a crime
Yates v. US(1957)- Court held merely advocating overthrowing the government was not illegal since it encouraged beliefs not action. Later narrowed further, permitting advocacy of use of force unless it is directed at producing imminent lawless action.
If any of us who wants to get rid of this government or to change the form of republican government, et them stand as a reminder of how everyone can have opinions safely where people can deal with it and where it will be reasoned out.

Freedom of Assembly-goes hand-in-hand with freedom of speechand religion
-Right to petition(ask) the government

Issues Related to Freedom of Assembly and Petition
Time-Place-Manner Regulations-Government can make and enforce reasonable rules
Rules must be precisely drawn and fairly administered
Rules must be content neutral

Public Property-Public demonstrations often result in conflict
Laws often require advance notice and permit for demonstrations

Private Property-People may not trespass on private property
Laws may require owner's of certain types of private property to allow right of petition

Freedom of Association-People have the right to gather with others to promote causes
Private oranizations may espouse any beliefs they choose