3.) Jerome wears a t-shirt that bears a picture of the current U.S. president. U

Question

3.) Jerome wears a t-shirt that bears a picture of the current U.S. president. Under this picture, there are words that imply that the president is doing a bad job of running the country. In accordance to the Freedom of Speech Clause, which of the following is valid?

-Criticizing the current president is fully protected speech, and Jerome cannot be prosecuted.

-Wearing the t-shirt makes Jerome liable for prosecution on the basis of defamatory language.

-Jerome wearing the t-shirt is an instance of limited protected speech.

-Jerome could be arrested as his t-shirt violates the Freedom of Speech doctrine.

Explanation / Answer

The Freedom of Speech Clause has been interpreted in various ways. Some people believe that it protects absolutely any speech, anytime. Some people believe there can be reasonable restrictions on Freedom of Speech, such as making it against the law to yell "Fire!" in a crowded theater. Some people believe that words only are protected by the Freedom of Speech Clause, while others say that any type of expression through art, literature, symbols or symbolic acts are protected as well.

The Courts have always agreed that not all speech was protected. The following list includes some of the most common types of speech that are not protected:

"Wearing the t-shirt makes Jerome liable for prosecution on the basis of defamatory language" is the most correct option

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