This document discusses Article 3 of the Bill of Rights, which protects freedom of expression. It provides context around the importance of freedom of expression by quoting Wendall Philips calling it "the instrument and guaranty and bright consummate flower of all liberty." It then discusses the scope of freedom of expression, noting it protects matters that touch on the existing order, sovereignty residing with the people, and the collective wisdom being a better choice than a dictator. It also lists elements of freedom of expression, including freedom from censorship and subsequent punishment, and tests used to determine liability, such as the clear and present danger rule. It states criticism of official conduct can relieve abscesses of officialdom.

1. ARTICLE 3. BILL OF RIGHTS
1) DUE PROCESS
2) EQUAL PROTECTION
3) FREEDOM FROM UNWARRANTED SEARCHES AND
SEIZURES
4) PRIVACY OF COMMUNICATIONS AND
CORRESPONDENCE
5) FREEDOM OF EXPRESSION
6) FREEDOM OF RELIGION

2. FREEDOM OF EXPRESSION
“at once the instrument and the
guaranty and the bright
consummate flower of all liberty”
– Wendall Philips
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3. PETITION
free and effective communication of ideas
from mind to mind
FREEDOM OF EXPRESSION

4. “matters that
touch the
heart of the
existing
order”
Public interest
not purely
private.

5. “sovereignty
resides in
the people”

6. “collective
wisdom is far
better choice
than that made
by the heedless
dictator in the
narrow
confines of his
mind and the
loneliness of
his pinnacle”

7. “ultimate good
desired is better
reached by a free
trade in idea”

8. SCOPE OF FREEDOM OF EXPRESSION
“that which will invite dispute”
I may not agree with what you say, but I will defend to the
death your right to say it.” - Voltaire

10. Modes of Expression

11. Elements of
Freedom of
Expression
1. Freedom from Censorship
2. Freedom from Subsequent
Punishment

12. Test To Determine
Liability of a Person
1. The Clear and
Present Danger
Rule
2. The Dangerous
Tendency
Doctrine
3. The Balancing
Test

13. Criticism of Official Conduct
“the sharp incision of its probe
relieves the abscesses of
officialdom”
Public Official under hostile, their wound may be relieved by
the balm of a clear conscience. They should not be too thin-
skinned with reference to comment upon their official act.

14. Assembly & Petition
Right of Association
Access to Information