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Legal Controls And the Freedom of Expression. Origins John Milton, Areopagitica, 1644 –Opposed government licenses for printers –All ideas, even false.

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Presentation on theme: "Legal Controls And the Freedom of Expression. Origins John Milton, Areopagitica, 1644 –Opposed government licenses for printers –All ideas, even false."— Presentation transcript:

1 Legal Controls And the Freedom of Expression

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3 Origins John Milton, Areopagitica, 1644 –Opposed government licenses for printers –All ideas, even false ones, should be allowed to circulate. Truth would eventually emerge.

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5 Models for Free Expression 1. Authoritarian - media as private enterprise controlled by government

6 Models for Free Expression 1. Authoritarian - media as private enterprise controlled by government –E.g., RUSSIARUSSIA

7 Models for Free Expression 1. Authoritarian - media as private enterprise controlled by government –E.g., RUSSIA –E.g., ZimbabweZimbabwe

8 Models for Free Expression 1. Authoritarian - media as private enterprise controlled by government 2. Communist - a government press only

9 Models for Free Expression 1. Authoritarian - media as private enterprise controlled by government 2. Communist - a government press only –E.g., ChinaChina

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11 Models for Free Expression 1. Authoritarian - media as private enterprise controlled by government 2. Communist - a government press only 3. Libertarian - highest degree of freedomLibertarian

12 Models for Free Expression 1. Authoritarian - media as private enterprise controlled by government 2. Communist - a government press only 3. Libertarian - highest degree of freedom –More of an idealist form…Netherlands to a small extent

13 Models for Free Expression 1. Authoritarian - media as private enterprise controlled by government 2. Communist - a government press only 3. Libertarian - highest degree of freedom 4. Social Responsibility - the “Fourth Estate”

14 Models for Free Expression 1. Authoritarian - media as private enterprise controlled by government 2. Communist - a government press only 3. Libertarian - highest degree of freedom 4. Social Responsibility - the “Fourth Estate” --E.g., USA

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16 U.S. media often referred to as the “Fourth Estate” Legislative Executive Judicial U.S. Media

17 10 Worst Places to be a Journalist Iraq Cuba Zimbabwe Turkmenistan Bangladesh China Eritrea Haiti West Bank/Gaza Russia

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20 Journalism in the U.S.

21 Prior restraint In U.S.: speech or news is NOT censored….or restrained! The Government cannot block any speech or publication BEFORE it actually occurs AFTER something has been published, there is an analysis of whether content breaks any laws

22 Prior restraint The Government can’t restrain a publication PRIOR to its printing or broadcast… UNLESS…..

23 Prior restraint The Government can’t restrain a publication PRIOR to its printing or broadcast… UNLESS…..WAR

24 Prior restraint “Congress shall make no law…” BUT, there are exceptions 1798 Sedition Act. John Adams and Federalists tried to silence opposition to anticipated war against France

25 Prior restraint Espionage Acts silence opposition to WWI and WWII

26 Prior restraint Attempt at PRIOR RESTRAINT The Pentagon Papers case 1971 Daniel Ellsberg

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28 Prior restraint Successful PRIOR RESTRAINT Progressive Magazine case 1979Progressive Magazine

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30 Congress Shall Make No LAW… (But actually, some laws have been made)

31 Unprotected Forms of Expression 1. COPYRIGHT - legally protects work of authors, producers, and others against appropriation for a period of time –Digital Millennium Copyright Act of 1998 Napster is illegal –Sony Bono Copyright Extension Act Extended copyright to 70 years plus life; 120 years for corporation –FAIR USE is an exception to copyright lawFAIR USE –Parody is an exception to copyright lawParody

32 Unprotected Forms of Expression 2. LIBEL - written/published/broadcast expression that defames a person’s character Newspapers are generally very careful…or they can be sued...

33 Unprotected Forms of Expression To win a case, Private Individuals must prove: –1) falsehood –2) damages –3) negligence Public Individuals must also prove: –4) actual malice

34 Unprotected Forms of Expression 3. Right to Privacy - protects individual’s piece of mind and personal feelings –Intrusion, surveillance –Publication or broadcast of private matters –Unauthorized appropriation of image for commercial benefit

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36 Unprotected Forms of Expression 4. Obscenity -- does not constitute a legitimate form of expressionObscenity

37 Unprotected Forms of Expression 4. Obscenity -- does not constitute a legitimate form of expression 1973 Miller v. California decision –1) average person, applying contemporary community standards, would find the material as a whole appeals to prurient interest –2) material depicts or describes sexual conduct in a patently offensive way –3) material as a whole lacks serious literary, artistic, political, or scientific value

38 Film and the First Amendment

39 Films = moneymaking spectacles, NOT “speech”

40 Film and the First Amendment Censorship Groups worried about: –Effects on children –Negative influence on morals –The fact that education and religious groups had no role in filmmaking –Theaters were “unsanitary” places for children

41 Film and the First Amendment Police permits, 1907 Boxing films, banned, 1912 Jack Johnson

42 Film and the First Amendment Mutual v. Ohio, Film is a “business pure and simple,” and merely a “spectacle… with a special capacity for evil.” Ruling stood for 37 years, until 1952.

43 Film and the First Amendment 1) Film Review Boards 2) Industry self-regulation – Motion Picture Directors and Distributors of America (MPDDA) and Will Hays don'ts and be carefuls, 1927don'ts and be carefuls Motion Picture Production Code, 1934Motion Picture Production Code Will Hays, 1926

44 TARZAN AND HIS MATE censored!!!!!

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47 The Outlaw censored!!!!!

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49 Character balance also became part of The Code –E.g., Untrustworthy lawyer character balanced by a Trustworthy Lawyer character

50 Film and the First Amendment 3) Censorship relaxed, 1952 –The Miracle case

51 The Miracle by Rossellini

52 Film is NOT a “business, pure and simple,” or a “spectacle” Film is an important form of speech and communication that should be protected under the First Amendment.

53 Supreme Court, 1952: Movies are “a significant medium for the communication of ideas.”

54 Rating Movie Content G, P, R, X; PG-13

55 Rating Movie Content G, P, R, X

56 first movie to get an X rating: Midnight Cowboy

57 Rating Movie Content A Clockwork Orange (X)

58 Rating Movie Content no X rating used by Hollywood

59 Rating Movie Content PG-13 –Gremlins and Indiana Jones and the Temple of DoomGremlins Temple of Doom

60 1990, NC-17 –Henry and June

61 Showgirls Eyes Wide Shut NC-17, 1995 NC-17, 1999

62 Expression over the airwaves

63 Red Channels 1950s

64 Expression over the airwaves Red Channels, 1950s Print v. Broadcast Rules –Print: always fighting licensing and any kind of regulation –Broadcast: WANTED government regulation to help deal with all the signal interference…They WANTED licenses, but with licenses came censorship

65 Expression over the airwaves 1.Have to be careful about INDECENCY

66 Expression over the airwaves –E.g.: Mae West on the Charlie McCarthy Show: West: That’s all right. I like a man that takes his time. Why don’t you come home with me? I’ll let you play in my woodpile…you’re all wood and a yard long… Charlie: Oh, Mae, don’t, don’t…don’t be so rough. To me love is peace and quiet. West: That ain’t love—that’s sleep.

67 Expression over the airwaves –E.g, Topless radio

68 Expression over the airwaves –E.g, sevenseven dirty words (this clip contains swearing, So please watch this at your own accord)

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70 Expression over the airwaves 1. Have to be careful about INDECENCY 2. Section broadcast stations must provide equal opportunities and response time to qualified political candidates

71 Expression over the airwaves 3. Fairness Doctrine, Stations were required: to air and engage in controversial-issue programs that affect their communities when offering such programming, to provide competing points of view. Quietly slipped away, 1987

72 Last slide of the semester


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