Freedom of Speech and Press Chapter 19 Section 3

Vocabulary Libel – false and malicious use of the printed word Slander – false and malicious use of the oral word Sedition – an attempt to overthrow the government by violent acts Seditious Speech – advocating/urging sedition behavior

Vocabulary Prior restraint – the courts cannot restrain speech BEFORE it occurs Shield law – laws that give reporters some protection against revealing the sources of their information Symbolic speech – transfer of ideas through some means besides speech Picketing – walking in front of a business to encourage others not to work or patronize the establishment

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 like They cannot yell “fire” in a theater or joke that they have a bomb in their luggage at the airport Freedom of speech ends where other people’s rights begin

You have the right to have their say and hear other people 14th Amendment People are guaranteed the right to free expression, written, spoken and any other means People are guaranteed the right to a full, wide-ranging discussion of public affairs You have the right to have their say and hear other people

Some forms of expression are not protected under the Constitution 14th Amendment Some forms of expression are not protected under the Constitution You may not jeopardize another persons health or safety You may not libel or slander another You may not use obscene words, print obscene material or use false advertising

Seditious speech is not protected 1ST Amendment Seditious speech is not protected The Sedition Acts under John Adams were unconstitutional Anyone convicted of violating the Alien or Sedition Acts were pardoned by Thomas Jefferson

More than 2,000 people were convicted of violating the Espionage Act Sedition Act of 1917 During 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 US More than 2,000 people were convicted of violating the Espionage Act

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

Schenck v. United States, 1919 Holmes established the “clear and present danger” rule No one may communicate ideas which generate a criminal act.

In 1951, the Supreme Court heard Dennis v. United States Smith Act, 1940 During WWII Congress passed the Smith Act, making it a crime to advocate the overthrow of the govt In 1951, the Supreme Court heard Dennis v. United States It was decided that it was also illegal to communicate ideas to overthrow the government

Overturned the Smith Act Yates v. United States, 1957 Overturned the Smith Act It is not illegal to belong to the Communist Party or urge others to join It is still illegal to urge someone to do something criminal

Obscenity “I don’t know how to define obscenity, but I know it when I see it.” US Supreme Court Justice Potter Stewart The 1st and 14th Amendments do not protect obscenity, but people cannot agree what obscenity is.

Obscenity Congress 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.

Miller Test Miller v. CA, 1973 decided that material is obscene if it fulfills each of the following criteria 1. The average person, applying contemporary community standards, and taken as a whole finds the work obscene

Miller Test 2. The work depicts/describes, in a patently offensive way, sexual conduct 3. The work, taken as a whole, lacks serious literary, artistic, political or scientific value

Community Standards The clause regarding community standards is to recognize that something that is found obscene in Oklahoma City may not be considered obscene in San Francisco.

Can public libraries restrict access to ‘adult’ sites? Porn at the Library Can public libraries restrict access to ‘adult’ sites? Yes, if they receive federal funds they must use a filter Most libraries have fought for full access, as censorship conflicts with open access laws.

No, if it is deemed to be libelous they can be sued after the fact. Prior Restraint If 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.

The Times planned to print what they knew about the Vietnam War NY Times v. US, 1971 The Times planned to print what they knew about the Vietnam War The Pentagon sued to prevent the Times from printing the article The USSC refused to back the Pentagon because the information was embarrassing, not seditious or under the “clear and present danger” clause

Censorship The USSC has backed school districts, giving them wide latitude when censoring materials and student speech

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 control The USSC sided with the principal, that they have the duty to oversee materials written for students.

The Media Can the government restrict what you see in print, on television, or in the movie theater? Yes and No

Yes, although they usually do not The Media Can the government insist that a journalist tell who their sources were? Yes, although they usually do not In an on-going case, Judith Miller, a journalist for the NY Times, spent 87 days in jail for refusing to name her source

The Media Journalists 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.

The Movies The USSC decided that communities can decide whether a motion picture can be seen The rating system has assisted individuals when deciding if they would choose to see a particular movie.

Radio and Television Radio and TV use public purchased wires and equipment, therefore, fall under the guidelines and restrictions of the government The Federal Communication Comm. (FCC) fines individuals, such as Howard Stern, for inappropriate content.

Appropriateness of content changes over time and place. Radio and Television Appropriateness 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 floor Show a toilet bowl, even on cleaning ads

Radio and Television TV got permission from the FCC to show films like Saving Private Ryan and Shindler’s List Restrictions are becoming more severe after the Janet Jackson, 1/5th of a second, “wardrobe malfunction”

Radio and Television Most ‘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.