Understanding Free Speech in Politics

Feb 26, 2025

Crash Course Government and Politics: Free Speech

Introduction to Free Speech

  • Host: Craig from Crash Course
  • Topic: Free Speech
  • Key Concept: Money and political spending are considered speech by the Supreme Court.

First Amendment and Free Speech

  • Primary Purpose: Allows public criticism of the government.
  • Protection: Prevents government from silencing individuals.
  • Limitations:
    • Doesn't protect against private sector actions.
    • Employees can be fired for speech in private settings.

Levels of Protection

  • Political Speech:

    • Receives strongest protection.
    • Includes criticism and praise of government officials, parties, and policies.
    • Key Case: Brandenburg vs. Ohio (1968)
      • Protected speech unless it incites imminent lawless action.
  • Symbolic Speech:

    • Includes wearing armbands, signs, and flag burning.
    • Limitations:
      • Not all symbolic acts are protected (e.g., inappropriate banners at school).

Unprotected Speech

  • Immediate Violence: Speech likely to incite immediate violence is not protected.
  • Fighting Words:
    • Speech that is likely to provoke a fight.
    • Case: Chaplinsky vs. New Hampshire
    • Rarely used exception.

Commercial Speech

  • Not typically protected unless it's political in nature.

Government vs. Private Actions

  • Case Study: Pickering v. Board of Education
    • Public school teacher fired for criticizing school spending.
    • Protected under First Amendment because the employer was a government entity.
    • Private employees do not have this protection.

Conclusion

  • Amendment Purpose: Protects from government overreach.
  • Next Topics: Other laws dealing with individual actions.

Production Notes

  • Produced in association with PBS Digital Studios.
  • Supported by Voqal, a nonprofit for social equity.
  • Learn more at voqal.org.