Legal Controls and Freedom of Expression Chapter 16

“Mixtapes are just one form of digital music under fire for copyright violations.”

Four Models for Expression and Speech Authoritarian Common today in Asian, Latin American, and African dictatorships Communist State-run media Social responsibility Hutchins Commission Libertarian No restrictions on mass media or freedom of speech

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” —First Amendment, U.S. Constitution, 1791

Prior Restraint Government cannot block publication or speech Pentagon Papers Daniel Ellsberg The Progressive National security as a cause for restraint Article offered “how-to” H-bomb guide Clear and present danger Schenck v. United States

Copyright Legally protects the rights of authors and producers to their published or unpublished writing, music, lyrics, TV programs, movies, or graphic art designs Digital Millennium Act of 1998: outlaws technology that will circumvent copyright protection systems

Libel and Slander New York Times v. Sullivan (1964) Biggest worry that haunts editors Falsely accusing (a) person(s) of Mental illness or defect Crime Incompetence Associating with hate groups Were you wrong? Negligent? Did it cost the victim measurable damages?

Obscenity Ulysses by James Joyce Miller v. California, 1973 Average person finds prurient Sex described in offensive ways No serious literary/artistic merit Acknowledges differing community standards Must judge the work as a whole

Right to Privacy Invasion of Privacy Unauthorized intrusion Tapes Wiretaps Publication of private matters Using a person’s name or image Most journalism organizations use their own guidelines. Internet privacy rights Recent Supreme Court rulings held that employees have no privacy rights in electronic communications conducted on their employer’s equipment.

…the work of journalists must be independent and free from government control if they are to effectively serve as government watchdogs.” —Reporters Committee for Freedom of the Press, 2005 Gag Orders and Shield Laws

Regulating Film Film Review Boards State and local boards try to control film. Jack Johnson and boxing films Fatty Arbuckle and the MPPDA Industry self-regulation The Motion Picture Production Code 1952: The Miracle Case, Burstyn v. Wilson

Joseph McCarthy McCarthy hearings Red Channels “Red scare” Among those scarred by witch-hunts: Lena Horne Dashiell Hammett Arthur Miller Leonard Bernstein

Difference between Print and Broadcast Red Lion v. FCC: Radio broadcasters’ responsibilities to public interest outweigh rights to choose programming. Miami Herald Publishing v. Tornillo: Supreme Court ruled the right-to-reply law is unconstitutional for newspapers.

Political Coverage Section 315 Stations must provide equal opportunity for response and counter Only applies to broadcast Fairness Doctrine Required stations to offer balancing opinions on controversial issues Ended smoking ads No longer in effect

“Internet service providers should not be able to favor some content over others…[Net neutrality] is vital to preserve the Internet’s role in promoting entrepreneurship and free expression.” —Editorial, New York Times, 2007

Maintain Democracy As citizens, we must: Engage in public debate about media ownership Pay attention to those excluded from opportunities to buy products and shape the cultural landscape Challenge journalists and leaders Become watchdogs and critical consumers