Legal Controls & Freedom of Expression

Freedom of Expression Free Press Contained in the Bill of Rights (The first ten amendments to the U.S. Constitution.)Contained in the Bill of Rights (The first ten amendments to the U.S. Constitution.) “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.”“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.”

What precipitated the Bill of Rights? Reaction to the authoritarian rule in England.Reaction to the authoritarian rule in England. The aim of authoritarian control is to maintain the rule of the ruler.The aim of authoritarian control is to maintain the rule of the ruler. All publications must be approved and licensed.All publications must be approved and licensed.

Four Models for categorizing Freedom of Expression AuthoritarianAuthoritarian CommunistCommunist LibertarianLibertarian Social ResponsibilitySocial Responsibility

Authoritarian Originated in 16 th century England.Originated in 16 th century England. “The common good.”“The common good.” Typical in contemporary developing countries (Asia, Africa, Latin America).Typical in contemporary developing countries (Asia, Africa, Latin America). The Media may be privately owned, but are licensed by the government.The Media may be privately owned, but are licensed by the government.

Communist or State The Press are owned and controlled by the government.The Press are owned and controlled by the government. News is defined as what is important to the government and assures stability.News is defined as what is important to the government and assures stability. Encourages stasis and status quo.Encourages stasis and status quo.

Libertarian Antithesis of Authoritarian.Antithesis of Authoritarian. No restrictions on anything.No restrictions on anything. The consumer must differentiate between truth and lies.The consumer must differentiate between truth and lies. Some U. S. publications.Some U. S. publications.

Social Responsibility Mainstream U. S. Press.Mainstream U. S. Press. Recognizes the power of large centrally owned media.Recognizes the power of large centrally owned media. Encourages a system of checks and balances. Objective news.Encourages a system of checks and balances. Objective news. The Fourth Estate.The Fourth Estate.

Censorship = Prior Restraint Only print content qualifies for this definition.Only print content qualifies for this definition. Freedom of expression exists to the extent that you are free to publish you views.Freedom of expression exists to the extent that you are free to publish you views. That may require that you provide the publication.That may require that you provide the publication.

Broadcasting is not protected. The public owns the airwaves.The public owns the airwaves. Broadcasters are public trustees.Broadcasters are public trustees. Rick’s quandary: “…with nearly 90% of U.S. viewers receiving their network television signals by cable or satellite, how does the FCC justify continuing to regulate television content?Rick’s quandary: “…with nearly 90% of U.S. viewers receiving their network television signals by cable or satellite, how does the FCC justify continuing to regulate television content?

Political Speech Section 315 of the Communications ActSection 315 of the Communications Act “Equal Time”“Equal Time” IF time is sold to one candidate for a given office, time must be sold to all candidates for that same office.IF time is sold to one candidate for a given office, time must be sold to all candidates for that same office. Time sold is at the Lowest Unit Rate. Lowest cost in the time period.Time sold is at the Lowest Unit Rate. Lowest cost in the time period.

Political Speech Section 315 continued…Section 315 continued… Personal Attack Rule: If a candidate personally attacks another candidate, the station must notify the attacked, provide transcripts/tapes, and offer time to reply (at same rate as attacker).Personal Attack Rule: If a candidate personally attacks another candidate, the station must notify the attacked, provide transcripts/tapes, and offer time to reply (at same rate as attacker).

Political Speech Section 312 of the Communications Act.Section 312 of the Communications Act. Requires broadcasters to sell time to candidates for Federal office.Requires broadcasters to sell time to candidates for Federal office.

Unprotected Speech CopyrightCopyright Defamation of CharacterDefamation of Character LibelLibel Invasion of PrivacyInvasion of Privacy ObscenityObscenity

Obscenity The “Miller Standard.”The “Miller Standard.” “The average person applying contemporary community standards, would find the work as a whole appeals to prurient interest.“The average person applying contemporary community standards, would find the work as a whole appeals to prurient interest. The material depicts or describes sexual conduct in a patently offensive way.The material depicts or describes sexual conduct in a patently offensive way.

Obscenity (continued) The material as a whole, lacks serious scientific, literary or artistic value.The material as a whole, lacks serious scientific, literary or artistic value. Violations of Section 326 of the United States Code.Violations of Section 326 of the United States Code.

Obscenity (continued) Profane language includes those words that are so highly offensive that their mere utterance in the context presented may, in legal terms, amount to a nuisanceProfane language includes those words that are so highly offensive that their mere utterance in the context presented may, in legal terms, amount to a nuisance Indecent material contains sexual or excretory material that does not rise to the level of obscenity.Indecent material contains sexual or excretory material that does not rise to the level of obscenity.

Safe Harbor The safe harbor refers to the time period between 10 p.m. and 6 a.m., local time. During this time period, a station may air indecent and/or profane material.The safe harbor refers to the time period between 10 p.m. and 6 a.m., local time. During this time period, a station may air indecent and/or profane material.

Right to Privacy v Right to Know Celebrities give up much of their privacy because they choose to be celebrities.Celebrities give up much of their privacy because they choose to be celebrities. “Private citizens” may also give up their rights to privacy because they are “newsworthy.”“Private citizens” may also give up their rights to privacy because they are “newsworthy.”

Privacy What is private in today’s “E-culture?”What is private in today’s “E-culture?” Where does the line between public life and private life exist?Where does the line between public life and private life exist? Appropriation: Unauthorized use of a person’s name or image for profit.Appropriation: Unauthorized use of a person’s name or image for profit.

Defamation of Character Slander versus libelSlander versus libel For private citizens: the statement must be false, there must be damage, and their must be negligence by the media.For private citizens: the statement must be false, there must be damage, and their must be negligence by the media. For public figures, there must also be malice.For public figures, there must also be malice. How are these things “proven?”How are these things “proven?”

Defenses to defamation TRUTH. An absolute defense.TRUTH. An absolute defense. Absolute privilege. Officers of the court.Absolute privilege. Officers of the court. Qualified privilege. Journalists reporting on the judicial and legislative proceedings.Qualified privilege. Journalists reporting on the judicial and legislative proceedings. Opinion and Fair Comment. Allow for satire, parody and comedy about celebrities.Opinion and Fair Comment. Allow for satire, parody and comedy about celebrities.

Notice of Apparent Liability A finding of a violationA finding of a violation Carries fine or “forfeiture”Carries fine or “forfeiture”

Regulating Morality TV ratings systemsTV ratings systems The PMRCThe PMRC MPPDA – The Hays OfficeMPPDA – The Hays Office The MPAAThe MPAA G – PG – R – XG – PG – R – X G – PG – PG13 – R – NC17G – PG – PG13 – R – NC17