First Amendment: Understanding the Limits

Introduction

• The First Amendment protects most forms of speech and expression.
• There are limits to what is considered protected speech.
• Important to understand these limits due to misconceptions.

Key Unprotected Speech Categories

True Threats and Intimidation

• Defined in the 2003 Virginia v. Black case.
• True threats: serious intent to commit unlawful violence against individuals or groups.
• Intimidation: true threat with intent to place the victim in fear of bodily harm/death.
• Key emphasis on intent and seriousness of the threat.
• Example: Hayden Barnes vs. VSU President Ronald Zakari.
  • Protested parking garages on environmental grounds.
  • Expelled for perceived threat but won the case as it wasn’t a true threat.

Incitement

• Originated from Brandenburg v. Ohio (1969).
• Speech advocating imminent violence/lawless action is unprotected.
• Must encourage immediate lawlessness and be likely to cause such actions.
• Example: Gregory Hess case.
  • Anti-war protester’s speech didn’t encourage immediate illegal action.

Harassment

• Must be unwelcome, discriminatory based on protected status, directed at an individual.
• Must be severe, pervasive, and objectively offensive, denying equal access to resources.
• Isolated speech is unlikely to qualify as harassment on its own.
• Example: 2014 University of Oregon case.
  • Student’s isolated comment not considered harassment.
  • Continued targeted behavior could qualify as harassment.

Unlawful Conduct

• Speech involving vandalism, property destruction, and disruption is unprotected.
• Includes shout downs, grabbing mics, illegal recordings, blocking entrances.
• Civil disobedience is unprotected and may result in lawful punishment.

Reasonable Restrictions

• Universities can apply reasonable time, place, and manner restrictions.
• Content of speech largely protected but manner of delivery can be regulated.
• Example: prohibiting loud protests in dormitories at night.

Final Thoughts

• Know your First Amendment rights and limits.
• Use your voice to advocate for yourself and others responsibly.
• Engage in proactive efforts to foster the college community you desire.