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It’s About Them: 5.3 Free Speech

It’s About Them
5.3 Free Speech
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table of contents
  1. Cover
  2. Title Page
  3. Copyright
  4. Table Of Contents
  5. Preface
  6. What Is an Open Textbook?
  7. Chapter 1: Why Public Speaking Matters Today
    1. 1.1 Public Speaking in the Twenty-First Century
    2. 1.2 Why Is Public Speaking Important?
    3. 1.3 The Process of Public Speaking
  8. Chapter 2: Building Confidence
    1. 2.1 What is Communication Apprehension?
    2. 2.2 Classifying PSA
    3. 2.3 Learning Confidence
  9. Chapter 3: Audience Analysis
    1. 3.1 What Is Audience Analysis? Why Conduct It?
    2. 3.2 Why Conduct an Audience Analysis?
    3. 3.3 Three Types of Audience Analysis
    4. 3.4 Conducting Audience Analysis
    5. 3.5 Using Your Audience Analysis
  10. Chapter 4: The Importance of Listening
    1. 4.1 Importance of Listening
    2. 4.2 Listening vs. Hearing
    3. 4.3 Listening Styles
    4. 4.4 Why Listening Is Difficult
    5. 4.5 Stages of Listening
    6. 4.6 Listening Critically
  11. Chapter 5: Ethics
    1. 5.1 The Ethics Pyramid
    2. 5.2 Ethics in Public Speaking
    3. 5.3 Free Speech
    4. 5.4 Mass Communication and Ethics
  12. Chapter 6: Researching Your Speech
    1. 6.1 Beginning the Research Process
    2. 6.2 What Is Research?
    3. 6.3 Developing a Research Strategy
    4. 6.4 Citing Sources
  13. Chapter 7: Supporting Ideas and Building Arguments
    1. 7.1 Crafting Supporting Ideas
    2. 7.2 Using Research as Support
    3. 7.3 Exploring Types of Support
    4. 7.4 Using Support and Creating Arguments
  14. Chapter 8: Organizing and Outlining
    1. 8.1 Why is Organizing and Outlining Important
    2. 8.2 The Topic, General Purpose, Specific Purpose, and Thesis
    3. 8.3 Organizational Patterns of Arrangement for Informative Speeches
    4. 8.4 Outlining Your Speech
  15. Chapter 9: Delivery
    1. 9.1 The Importance of Delivery
    2. 9.2 Methods of Speech Delivery
    3. 9.3 Preparing for Your Delivery
    4. 9.4 Practicing Your Delivery
    5. 9.5 What to Do When Delivering Your Speech
  16. Chapter 10: Introductions and Conclusions
    1. 10.1 Introductions
    2. 10.2 Conclusions
  17. Chapter 11: Language
    1. 11.1 What Language Is and Does
    2. 11.2 Standards for Language in Public
    3. 11.3 Using Effective Language in Public Speaking
  18. Chapter 12: Presentation Aids
    1. 12.1 What Are Presentation Aids?
    2. 12.2 Functions of Presentation Aids
    3. 12.3 Types of Presentation Aids
    4. 12.4 Using Presentation Slides
    5. 12.5 Low-Tech Presentation Aids
  19. Chapter 13 Informative Speaking
    1. 13.1 What is an Informative Speech?
    2. 13.2 Types of Informative Speeches
    3. 13.3 Guidelines for Informative Speech Topic Selection and Preparation
    4. 13.4 Sample Informative Speeches and Speech Outlines
  20. Chapter 14: Persuasive Speaking
    1. 14.1 Why Persuade?
    2. 14.2 A Definition of Persuasion
    3. 14.3 Why is Persuasion Hard?
    4. 14.4 Traditional Views of Persuasion
    5. 14.5 Constructing a Persuasive Speech
    6. 14.6 Sample Persuasive Speech Outlines
  21. Chapter 15: Special Occasion Speaking
    1. 15.1 Understanding Special Occasion Speaking
    2. 15.2 Types of Special Occasion Speeches
    3. 15.3 Special Occasion Language
    4. 15.4 Special Occasion Delivery
    5. 15.5 Sample Special Occasion Speech Outline
  22. Chapter 16: Online Public Speaking
    1. 16.1 Online Public Speaking
  23. About the Contributors
  24. Adaptations
  25. Glossary
  26. Appendix A: Checklist for Accessibility

5.3 Free Speech

What Is Free Speech?

person with tape over their mouth

Free speech has been a constitutional right since the founding of our nation, and according to Merriam Webster’s Dictionary of Law, free speech entails “the right to express information, ideas, and opinions free of government restrictions based on content and subject only to reasonable limitations (as the power of the government to avoid a clear and present danger) esp. as guaranteed by the First and Fourteenth Amendments to the U.S. Constitution” (Freedom of speech). Free speech is especially important to us as public speakers because expressing information and ideas is the purpose of public speaking. It is also important to audiences of public speeches because free speech allows us to hear and consider multiple points of view so that we can make more informed decisions.

The First Amendment to the Constitution

Free speech was so important to the founders of the United States that it is included in the first of the ten amendments to the US Constitution that are known as the Bill of Rights. This is not surprising, considering that many American colonists had crossed the Atlantic to escape religious persecution and that England had imposed many restrictions on personal freedoms during the colonial era. The text of the First Amendment reads, “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” (National Archives and Records Administration, 2011).

The freedoms protected by the First Amendment may seem perfectly natural today, but they were controversial in 1791 when the Bill of Rights was enacted. Proponents argued that individuals needed protection from overreaching powers of government, while opponents believed these protections were unnecessary and that amending them to the Constitution could weaken the union.

Freedom of speech, of the press, of religion, of association, of assembly and petition are all guaranteed in amendments to the US Constitution. Free speech allows us to exercise our other First Amendment rights. Freedom of assembly means that people can gather to discuss and protest issues of importance to them. If free speech were not protected, citizens would not be able to exercise their right to protest about activities such as war or policies such as health care reform.

Free speech does not mean, however, that every US citizen has the legal right to say anything at any time. If your speech is likely to lead to violence or other illegal acts, it is not protected. One recent example is a 2007 Supreme Court decision in the Morse et al. v. Frederick case. In this case, a high school student held up a sign reading “Bong Hits 4 Jesus” across from the school during the 2002 Olympic Torch Relay. The principal suspended the teenager, and the teen sued the principal for violating his First Amendment rights. Ultimately, the court decided that the principal had the right to suspend the student because he was advocating illegal behavior (Supreme Court of the United States, 2007).

The meaning of “free speech” is constantly being debated by politicians, judges, and the public, even within the United States, where this right has been discussed for over two hundred years. As US citizens, it is important to be aware of both the protections afforded by free speech and its limits so that we can be both articulate speakers and critical listeners when issues such as antiwar protests at military funerals or speech advocating violence against members of specific groups come up within our communities.

The Supreme Court of the United States Building

An interactive H5P element has been excluded from this version of the text. You can view it online here:
https://louis.pressbooks.pub/publicspeaking/?p=802#h5p-10

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5.4 Mass Communication and Ethics
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It’s About Them: Public Speaking in the 21st Century Copyright © 2022 by LOUIS: The Louisiana Library Network is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted
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