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First Amendment: Basic Freedoms

Each of the following scenarios involves conduct/words that may, or may not be constitutionally objectionable.  Choose any one of the two following scenarios.  In 250-words or more, discuss/describe when “fighting words” and the advocacy of illegal conduct may be constitutionally prescribed.

To get full credit you will need to:  Provide an example of researched, recent case law.


 1.Dick calls Harry a “damned fascist” and a “damned racketeer” in the presence of several people, while attending a crowded party. Is Dick’s expressive activity protected by the First Amendment?   

 2.Tom walks into a public park, sees two police officers, and exhorts 20 people who happen to be in the vicinity to: “Get your guns and come out shooting. That’s the only way to protect our liberties from big government.” Is Tom’s expressive activity protected by the First Amendment?

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