Chapter 14 Free Speech

Not Absolute, but Justice Black felt is should be Internet comments not recallable Not a fair forum PgP BUSA331 Chapter142

Political Speech-Restrictions There must be a compelling government interest in prohibiting this speech The law must be narrowly tailored to achieve that interest The law must be the least restrictive possible in order to achieve that interest PgP BUSA331 Chapter143

Commercial Speech Has ‘diminished protection’ Advertising of tobacco products (health) False or misleading (Federal Trade Commission) Profit-motivated Lawful, not misleading Substantial government interest Regulation must directly advance government interest Regulation cannot be more extensive than necessary PgP BUSA331 Chapter144

Expressive Conduct Burning the American flag is a form of free speech Can be limited in ‘time, place and manner’ No bullhorns at 3am PgP BUSA331 Chapter145

Speech Restrictions Based on State Role Prohibition against government restriction on free speech does not apply to individuals or businesses, only to state PgP BUSA331 Chapter146

State and Free Speech Restrictions Public employee statements pursuant to official duties School administration regarding discipline or the rights of others Prison regulations related to reasonable penological interests Military discipline and obedience require restrictions PgP BUSA331 Chapter147

Prisoners and Free Speech Prisoners have limited internet access due to potential problems Harassing their victim’s families Downloading ‘Anarchists’ Cookbook’… Should prisoners be allowed internet access to do legal research? Some states beginning to allow prisoners access PgP BUSA331 Chapter148

Military Free Speech Not same protections afforded members of military Milbloggers need to be careful not to reveal too much sensitive info-people can die Army websites have been found to reveal more sensitive info than the milbloggers PgP BUSA331 Chapter149

Regulator of the State Bar Conduct, advertising and speech can be regulated Where do lawyers cross the line from free speech to regulated advertising? IA attorney disciplined for NOT responding to client text messages Attorneys disciplined for social media and blogging PgP BUSA331 Chapter1410

Regulators of the Airwaves Federal Communications Commission-FCC Prohibits ‘obscene’ programming Restricts times when indecent or profane can be aired Mainly due to child accessibility PgP BUSA331 Chapter1411

Unprotected Speech Incitement-advocating use of force or lawless action Fighting words True Threats-at a specific person National Security-classified documents. Pentagon papers controversy Edward Snowden Obscenity (line between pornography/obscenity?) Child Pornography- later chapter PgP BUSA331 Chapter1412

Social Boundaries of Free Speech Most protected-political free speech Less protected-commercial free speech Not protected-obscenity, yelling fire, criminal conduct What about differences in state and country jurisdiction? Cockfighting (legal in LA) Pro-Nazi sentiments? PgP BUSA331 Chapter1413