The First Amendment

Congress shall make no law … 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.

Potential Values Underlying the 1st Amendment

• Search for Truth

• Self-governance

• Autonomy

• Dissent

• When does speech serve/not serve these values?

What beyond the “values” of the 1st amendment aid in determining when/how to regulate

speech?

• Does the form of the government regulation matter?• See laws p. 21

• Does one law concern you more than the other? If so, why?• What if the laws prohibited activity in a public park rather than an

airport? Would either law be okay?

• What if the law prohibited ANY unlicensed activity involving distribution or sale of materials at the airport – does it implicate the First Amendment at all?

Primary Issues As We Try to Define “Freedom of Expression”

• What is expression?

• Why do we value speech so highly?

• What forms of regulation of speech are acceptable?

• Where/how should courts draw the line between acceptable speech and unacceptable speech?