First Amendment Rights

Freedom of Speech Freedom of Expression Absolutely Protected Speech Prior Restraint (PR) Void for Vagueness Least Drastic Means No adopting a law that would infringe upon protected speech if other “least drastic means” are available to be used e.g., a business cannot be deprived freedom of speech; yet what is says in its ads cannot mislead customers Content & Viewpoint Neutrality Laws concerning the time, place or manner of speech that regulate some kinds of speech but not others are likely to be struck down

Freedom of Speech Freedom of Expression Absolutely Protected Speech Content & Viewpoint Neutrality Laws concerning the time, place or manner of speech that regulate some kinds of speech but not others are likely to be struck down Conditionally Protected Speech Libel/Slander false statement intentionally made to defame an individual * difficult to win a libel suit against a newspaper or magazine E.g., Reverend Jerry Falwell v Larry Flint Falwell: leader of Moral Morality, pol commentator

Freedom of Speech Freedom of Expression Conditionally Protected Speech Libel/Slander E.g., Reverend Jerry Falwell v Larry Flint Falwell: leader of Moral Morality, pol commentator Larry Flint: publisher of Hustler What: Nov 1983, Hustler, a parody, depicting Falwell drunk & having sex with his own mother “ad parody – not to be taken seriously” Charge: libel, invasion of privacy, intentional infliction of emotional distress Supreme Court: overturned lower court ruling on damages (for “privacy” and “distress”) An obvious satire or parody of public figure are protected speech.

Freedom of Speech Freedom of Expression Conditionally Protected Speech Libel/Slander E.g., The New York Times v Sullivan (1964) What: NY Times’ advertisement (Mar 1960) for soliciting funds to defend Martin Luther King, Jr. against an Alabama tax-evasion charge The ad described police actions against civil rights protesters Police commissioner L. B. Sullivan charged NY Times for libel (defamation)

Freedom of Speech Freedom of Expression Conditionally Protected Speech Libel/Slander E.g., The New York Times v Sullivan (1964) Supreme Court ruling: No officials or public figures can collect damages for comments made about them unless they can prove with “convincing clarity” the comments were made with “actual malice.” Thus, the rule of actual malice. Obscenity and Pornography Obscene publications are conditionally protected.

Freedom of Speech Freedom of Expression Conditionally Protected Speech Obscenity and Pornography Defining obscenity (also called Miller Test) Supreme Court in Miller v California (1973): a work is obscene if it Appeals to a prurient interest in sex Depicts or describe in a patently offensive way sexual acts Lacks serious literary, artistic, political or scientific value. As a result, government can place restrictions on porn or obscene materials in following ways: Who are the readers Where they can be sold How they must be packaged

Freedom of Speech Freedom of Expression Conditionally Protected Speech Obscenity and Pornography Other restrictions: Using zoning law to regulate adult theaters Using public nudity laws to regulate nude dancing at adult nightclubs Using laws to ban the sale and rental of adult publications in military facilities * Condoleezza Rice & Adult publications in State Department Opponents of Obscene Publications Political conservatives

Freedom of Speech Freedom of Expression Conditionally Protected Speech Obscenity and Pornography Opponents of Obscene Publications Political conservatives Religious fundamentalists Feminist groups Child Pornography & Supreme Court Ruling New York v. Ferber (1982) Ruling: Child pornography is not protected because it Exploits children Shows acts abusing children Has negligible artistic value.

Freedom of Speech Freedom of Expression Conditionally Protected Speech Commercial Speech Question: Newspaper and TV commercials and ads protected by 1 st Amendment? Yes. Commercial speech part of the free flow of info for informed choice & democratic participation No Socially irresponsible ads should be outside the 1 st Amendment protection such as gambling, cigarette ads, alcohol ads and others Also, false and misleading commercials and ads of illegal products such as narcotics cannot be protected