1. Freedom of Speech and Press
Chapter 19.3
Freedom of Speech and Press

2. Democracy and Freedom of Expression
Intended to protect the expression of unpopular views
Not everything is protected: no unbridled right of free speech or free press
Libel: False and malicious use of printed words
Slander: Such use of spoken words
Obscene words, materials, and false advertising

3. Obscenity There is no protection for obscenity The Obscenity Test:
The average person find that a material tends to incite lust
The work depicts a form of sexual conduct that is against an anti-obscenity law
The material lacks literary, political, artistic, or scientific value

4. Prior Restraint
Government cannot curb or restrain ideas before they are expressed (only after)
Few exceptions:
Political literature on military bases
CIA publications
Public schools and newspapers

5. Confidentiality
Can a reporter refuse to testify in court, citing that they have the right to protect their sources?
Can a priest give up an admitted murderer?
Shield Laws: Give reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings

6. The Mass Media Motion Pictures Radio and Television
Movie Review Boards
Mutual Film Corporation v. Ohio (1915) – Films must be moral, educational, harmless, and / or amusing
Burstyn v. Wilson (1952) – Liberty of expression
State and local government can ban films
Radio and Television
Federal Communications Act of 1934
FCC, indecent language, and censorship

7. Speech Symbolic Speech Examples: Picketing, Striking, Boycotting
The Supreme Court has been generally sympathetic to symbolic expression
Constitutional: Burning the flag, wearing symbolic armbands
Unconstitutional: Burning draft cards, Inappropriate clothing or hair

8. Speech (Continued) Commercial Speech (advertising)
Not all commercial speech is protected
The government can and does prohibit false and misleading advertisements, and the advertising of illegal goods or services
Restrictions on advertising