2 Vocabulary Libel – false and malicious use of the printed word Slander – false and malicious use of the oral wordSedition – an attempt to overthrow the government by violent actsSeditious Speech – advocating/urging sedition behavior
3 VocabularyPrior restraint – the courts cannot restrain speech BEFORE it occursShield law – laws that give reporters some protection against revealing the sources of their informationSymbolic speech – transfer of ideas through some means besides speechPicketing – walking in front of a business to encourage others not to work or patronize the establishment
4 Freedom of speech ends where other people’s rights begin Can you say anything?No, words can be dangerous so people do not have complete freedom to say anything they likeThey cannot yell “fire” in a theater or joke that they have a bomb in their luggage at the airportFreedom of speech ends where other people’s rights begin
5 You have the right to have their say and hear other people 14th AmendmentPeople are guaranteed the right to free expression, written, spoken and any other meansPeople are guaranteed the right to a full, wide-ranging discussion of public affairsYou have the right to have their say and hear other people
6 Some forms of expression are not protected under the Constitution 14th AmendmentSome forms of expression are not protected under the ConstitutionYou may not jeopardize another persons health or safetyYou may not libel or slander anotherYou may not use obscene words, print obscene material or use false advertising
7 Seditious speech is not protected 1ST AmendmentSeditious speech is not protectedThe Sedition Acts under John Adams were unconstitutionalAnyone convicted of violating the Alien or Sedition Acts were pardoned by Thomas Jefferson
8 More than 2,000 people were convicted of violating the Espionage Act Sedition Act of 1917During WWI, the Espionage Act made it a crime to interfere with the military draft, obstruction of recruiting, hinder the sale of government bonds or speak/write anything bad about the USMore than 2,000 people were convicted of violating the Espionage Act
9 Schenck v. United States, 1919 Charles Schenck, with the Socialist Party, attempted to disrupt the military draft by passing out leaflets encouraging men to resist the draft.Supreme Court Justice Oliver Wendell Holmes wrote the majority opinion
10 Schenck v. United States, 1919 Holmes established the “clear and present danger” ruleNo one may communicate ideas which generate a criminal act.
11 In 1951, the Supreme Court heard Dennis v. United States Smith Act, 1940During WWII Congress passed the Smith Act, making it a crime to advocate the overthrow of the govtIn 1951, the Supreme Court heard Dennis v. United StatesIt was decided that it was also illegal to communicate ideas to overthrow the government
12 Overturned the Smith Act Yates v. United States, 1957Overturned the Smith ActIt is not illegal to belong to the Communist Party or urge others to joinIt is still illegal to urge someone to do something criminal
13 Obscenity“I don’t know how to define obscenity, but I know it when I see it.” US Supreme Court Justice Potter StewartThe 1st and 14th Amendments do not protect obscenity, but people cannot agree what obscenity is.
14 ObscenityCongress passed an obscenity law prohibiting obscenity from being distributed by mail.In 1957, Roth v. US upheld the law but could not provide an accurate determination of what was obscene.
15 Miller TestMiller v. CA, 1973 decided that material is obscene if it fulfills each of the following criteria1. The average person, applying contemporary community standards, and taken as a whole finds the work obscene
16 Miller Test2. The work depicts/describes, in a patently offensive way, sexual conduct3. The work, taken as a whole, lacks serious literary, artistic, political or scientific value
17 Community StandardsThe clause regarding community standards is to recognize that something that is found obscene in Oklahoma City may not be considered obscene in San Francisco.
18 Can public libraries restrict access to ‘adult’ sites? Porn at the LibraryCan public libraries restrict access to ‘adult’ sites?Yes, if they receive federal funds they must use a filterMost libraries have fought for full access, as censorship conflicts with open access laws.
19 No, if it is deemed to be libelous they can be sued after the fact. Prior RestraintIf you know the Sun Sentinel is going to print something derogatory about JPT, can you prevent them before it is printed?No, if it is deemed to be libelous they can be sued after the fact.
20 The Times planned to print what they knew about the Vietnam War NY Times v. US, 1971The Times planned to print what they knew about the Vietnam WarThe Pentagon sued to prevent the Times from printing the articleThe USSC refused to back the Pentagon because the information was embarrassing, not seditious or under the “clear and present danger” clause
21 CensorshipThe USSC has backed school districts, giving them wide latitude when censoring materials and student speech
22 Hazelwood School District v. Kuhlmeier, 1988 Kathy Kuhlmeier, editor of her school’s newspaper, sued because the principal deleted articles about pregnant students and birth controlThe USSC sided with the principal, that they have the duty to oversee materials written for students.
23 The MediaCan the government restrict what you see in print, on television, or in the movie theater?Yes and No
24 Yes, although they usually do not The MediaCan the government insist that a journalist tell who their sources were?Yes, although they usually do notIn an on-going case, Judith Miller, a journalist for the NY Times, spent 87 days in jail for refusing to name her source
25 The MediaJournalists insist that shield laws are necessary to get stories, especially from whistleblowers.If the identity of people cannot be protected, people are reluctant to come forward with what they may know.
26 The MoviesThe USSC decided that communities can decide whether a motion picture can be seenThe rating system has assisted individuals when deciding if they would choose to see a particular movie.
27 Radio and TelevisionRadio and TV use public purchased wires and equipment, therefore, fall under the guidelines and restrictions of the governmentThe Federal Communication Comm. (FCC) fines individuals, such as Howard Stern, for inappropriate content.
28 Appropriateness of content changes over time and place. Radio and TelevisionAppropriateness of content changes over time and place.Lucy (I Love Lucy) was not allowed to:Say the word ‘pregnant’, (and she was)Show her and her husband in the same bed unless one foot was on the floorShow a toilet bowl, even on cleaning ads
29 Radio and TelevisionTV got permission from the FCC to show films like Saving Private Ryan and Shindler’s ListRestrictions are becoming more severe after the Janet Jackson, 1/5th of a second, “wardrobe malfunction”
30 Radio and TelevisionMost ‘live’ radio and TV shows today are on a 7 second delay to make sure no other mistakes occur.Live conversations, or unedited text, are subject to fines if they contain objectionable material.