Protest Speech

The first amendment plays a vital role in protest speech. Without the First Amendment, religious minorities could be persecuted, the government might well establish a national religion, protesters could be silenced, the press could not criticize government, and citizens could not mobilize for social change. According to the first amendment of the U.S. constitution Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Most people believe in the right to free speech, but debate whether it should cover flag-burning, hard-core rap and heavy-metal lyrics, tobacco advertising, hate speech, pornography, nude dancing, solicitation and various forms of symbolic speech. Many would agree to limiting some forms of free expression.

There are many cases that set the precedent for the freedoms of speech and protest. 1974 Spence v. Washington--Spence, a college student in 1970, wanted to protest the actions of troops in Cambodia and the killing of students by National Guardsmen at Kent State University. He hung an American flag upside down from his apartment window. Over the flag he placed a peace symbol made from black tape. At his trial, Spence stated his purpose was to associate the American flag with peace instead of war and violence. Spence was convicted of violating a Washington law that prohibited placing anything over a flag. Spence said he was using his freedom of speech. He also pointed out that the tape could be removed.

In a 6-3 ruling, the Supreme Court agreed with Spence. It pointed out that the flag belonged to Spence and was displayed on his own home. The court also said Spence was clearly expressing an idea through his action and that the state could not demonstrate a clear reason for preventing the expression of this idea.

1969 Street v. New York--In 1966, James Meredith, the first African-American student to attend the University of Mississippi, was shot. To protest, a New York man named Street burned a U.S. flag in an intersection. When a police officer asked Street if he had burned the flag, Street said, "Yes, that is my flag; I burned it. If they let that happen to Meredith, we don't need an American flag." Street was charged with violating a New York law that made it a crime to mutilate, deface, or "cast contempt upon either by words or act" the flag. Street said the law violated his free speech rights.

In a 5-4 vote, the Supreme Court agreed with Street. The court said that though we might disagree with Street's opinion, his right to express his views was protected by the Constitution. The government may not criminally punish a person for uttering words critical of the flag. It also said that the words were not "fighting words" likely to cause violence among the people who saw Street burning the flag. The justices who disagreed said "Protest does not exonerate [allow] lawlessness."

Protest Speech is very important in assembling a protest against a law, employment, and any issue that requires a movement for change. The rights associated with protest speech are very vital in ensuring that citizens in the U.S. are treated fairly and are able to express themselves through protest and speech. There are many groups and website's that provide information and news on protest speech and your rights as a citizens. One example of such an organization is the ACLU the American Civil Liberties Union.

Free Speech

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University of Maryland expands free speech policy

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Free Speech TV broadcasts independently-produced documentaries dealing with social, political, cultural, and environmental issues; commissions and produces original programming.

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The Berkley free speech movement.

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