Freedom of Speech and Press

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Lets take a closer look at: -Obscenity -Prior Restraint -The Media -Symbolic Speech -Commercial Speech.

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Presentation transcript:

Freedom of Speech and Press Chapter 19.3 Freedom of Speech and Press

Democracy and Freedom of Expression Intended to protect the expression of unpopular views Not everything is protected: no unbridled right of free speech or free press Libel: False and malicious use of printed words Slander: Such use of spoken words Obscene words, materials, and false advertising

Obscenity There is no protection for obscenity The Obscenity Test: The average person find that a material tends to incite lust The work depicts a form of sexual conduct that is against an anti-obscenity law The material lacks literary, political, artistic, or scientific value

Prior Restraint Government cannot curb or restrain ideas before they are expressed (only after) Few exceptions: Political literature on military bases CIA publications Public schools and newspapers

Confidentiality Can a reporter refuse to testify in court, citing that they have the right to protect their sources? Can a priest give up an admitted murderer? Shield Laws: Give reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings

The Mass Media Motion Pictures Radio and Television Movie Review Boards Mutual Film Corporation v. Ohio (1915) – Films must be moral, educational, harmless, and / or amusing Burstyn v. Wilson (1952) – Liberty of expression State and local government can ban films Radio and Television Federal Communications Act of 1934 FCC, indecent language, and censorship

Speech Symbolic Speech Examples: Picketing, Striking, Boycotting The Supreme Court has been generally sympathetic to symbolic expression Constitutional: Burning the flag, wearing symbolic armbands Unconstitutional: Burning draft cards, Inappropriate clothing or hair

Speech (Continued) Commercial Speech (advertising) Not all commercial speech is protected The government can and does prohibit false and misleading advertisements, and the advertising of illegal goods or services Restrictions on advertising