10/3/2016
What is a precedent?
Legal Precedence
• A precedent is a principle or rule established
in a previous legal case that is either binding
on or persuasive for a court when deciding
subsequent cases with similar issues or facts.
Gregory v. Chicago
Let us look at some examples for
Supreme Court cases and the
precedents they established
concerning “freedom of speech:”
Gregory v. Chicago
• What did the Supreme Court decide?
– Overturned the conviction, saying:
• The protesters were protected by the 1st amendment
• The protesters did not break any “time, place and
manner” restrictions
• Background:
• 1969—People protesting school segregation in Chicago marched
from City Hall to the Mayor’s house. The mayor’s neighborhood was
an all-white area with a history of hostility towards blacks. An
unfriendly neighborhood crowd gathered, attempting in various
ways to harass the largely black protestors. They, in turn, were
under strict orders by civil rights leaders to remain orderly and
‘nonviolent.’ Over several hours the neighborhood crowd grew
from roughly 150 people to more than 1,000. Police made efforts
to control the crowd, which became increasingly violent; hurling
eggs, rocks and yelling racial slurs. Finally, the police made
repeated requests that Gregory lead the marchers out of the
neighborhood. Three marchers accepted the offer of a police
escort. Those remaining, Gregory included, were then arrested and
removed in police vans. Dick Gregory and the others were charged
with disorderly conduct.
Gregory v. Chicago
• Established the “time, place and manner”
precedent
– The gov’t CAN restrict free speech and protests
based on what time it is, where you are, and how
you are protesting.
– But this is controversial—why?
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10/3/2016
Brandenburg v. Ohio
• Background:
– 1969—KKK rally in Ohio, at which the media
filmed Klan members saying hateful things,
burning crosses, holding weapons, etc. Klan
leader, Brandenburg, was convicted, fined $1,000
and sentenced to serve 1 to 10 years in prison.
Brandenburg v. Ohio
• Outcome and precedent?
– Supreme Court overturned the conviction, saying:
• You cannot be punished for advocating breaking the
law or committing violence unless it can be proven that
your speech actually led to violence or law breaking.
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10/3/2016
Tinker v. Des Moines
• Background:
– 1965—High school students wore black armbands
to school to protest the war in Vietnam, even
though there was a ban on wearing armbands in
school. The students were suspended.
Tinker v. Des Moines
• Outcome and precedent?
– The students should be allowed to wear the
armbands because it wasn’t disruptive.
– Students do have free speech in school, including
“symbolic speech,” as long as the speech is not
disruptive or…
Texas v. Johnson
• Background:
– 1989—Johnson burned an American flag as part
of a protest outside of the 1984 Republican
National Convention in Texas. They were
protesting the policies of the Reagan
administration. Johnson was convicted of
vandalizing a respected object.
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10/3/2016
Texas v. Johnson
• Outcome and precedent?
– Flag burning is constitutionally protected under
free speech
– "Recognizing that the right to differ is the
centerpiece of our First Amendment freedoms, a
government cannot mandate by fiat a feeling of
unity in its citizens. Therefore that very same
government cannot carve out a symbol of unity
and prescribe a set of approved messages to be
associated with that symbol . . ."
So in what instances do you not
have free speech?
Your Speech May Be Limited if…
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•
•
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It is obscene
You are defaming or slandering someone
It is disruptive at school
It incites illegal action
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