1. Legal Controls and Freedom of Expression
Chapter 16
Legal Controls and Freedom of Expression

2. Online Image Library Go to www.bedfordstmartins.com/mediaculture
to access the Media & Culture, 9th Edition Online Image Library.
The library contains all your favorite images from Media & Culture, 9th edition!

3. The Campaign Spending Controversy
“Do we really want Congress to have the power to exclude certain groups from participating in political speech?”
-Gene Policinski, the First Amendment Center
“If Congress doesn’t act, our electoral process will be more dominated by millionaires and billionaires and their concerns will drown out the voice of common Americans.”
-California lawmaker

4. Models of Expression Four conventional models Authoritarian model
Public guided by an educated ruling class
Communist or state model
Government controls the press
Social responsibility model
Press functions as a Fourth Estate
Libertarian model
No restrictions on speech

5. The First Amendment of the U.S. Constitution
Freedom of the press not included
Added by the Bill of Rights in 1791
Sedition Act (1798)
Intended to silence opposition to an anticipated war with France
Expired in 1801 during Thomas Jefferson’s presidency, and all convicted defendants were pardoned

6. Censorship as Prior Restraint
Government cannot block speech or publication before it occurs.
Pentagon Papers case
Supreme Court ruled that the press “must be left free to publish news, whatever the source, without censorship, injunctions, or prior restraints.”

7. Censorship as Prior Restraint (cont.)
Progressive magazine case
National security as a cause for restraint
Article offered “how-to” H-bomb guide.
Judge Robert Warren sided with the government based on the national security factor.
Case was dropped during appeal and the article was published.

8. Unprotected Forms of Expression
Seditious expression
Schenck v. United States established the “clear and present danger” criterion for expression.
Copyright infringement
Copyright protects the rights of authors and producers to their published or unpublished work.

9. Unprotected Forms of Expression (cont.)
Libel
Defamation of character in written or broadcast form
More difficult to prove in cases involving public figures
Defenses
Qualified privilege
Rule of opinion and fair comment
Satire, comedy, and opinions expressed in reviews

10. Unprotected Forms of Expression (cont.)
Obscenity
Under Miller v. California (1973), material must meet three criteria:
Average person would find that the material as a whole appeals to a prurient interest.
The material depicts or describes sexual contact in a patently offensive way.
The material, as a whole, lacks serious literary, artistic, political, or scientific value.

11. Unprotected Forms of Expression (cont.)
Right to privacy
Person’s right to be left alone, without his or her name, image, or daily activities becoming public property
News media generally granted wide protections under the First Amendment
Most journalism organizations use their own guidelines.

12. First Amendment versus Sixth Amendment
Protections of speech and press
Sixth Amendment
Guarantees a speedy and public trial, by an impartial jury
Gag orders place restrictions on lawyers and witnesses.
Shield laws protect reporters from having to reveal sources.

13. First Amendment versus Sixth Amendment (cont.)
Cameras in the courtroom
Trial of Bruno Hauptmann (1930s)
Supreme Court ruled that the presence of cameras does not make a fair trial impossible.
All states now allow cameras (with certain restrictions).
U.S. federal courts allow limited coverage.
Supreme Court continues its ban.

14. Social and Political Pressures on the Movies
Early twentieth century
Censorship groups formed on the belief that movies would undermine morality.
Film review boards were formed.
Boxing films were targeted.
Supreme Court ruled that movies were not a form of speech but “a business pure and simple” and merely a “spectacle” for entertainment.

15. Self-Regulation in the Movie Industry
Motion Picture Producers and Distributors of America (MPPDA)
Established the Motion Picture Production Code in the 1930s
Miracle case
Supreme Court decision granted films free speech protection and rendered most activities of film review boards unconstitutional

16. The MPAA Ratings System
Established ratings as guideposts for the suitability of films for various age groups

17. Expression in the Media: Print, Broadcast, and Online
McCarthy hearings during the Cold War
Red Channels names those “sympathetic” to communist, left-wing causes.
Among those scarred by witch-hunts:
Lena Horne
Dashiell Hammett
Arthur Miller

18. The FCC Regulates Broadcasting
Red Lion Broadcasting v. FCC
Radio broadcasters’ responsibilities to public interest outweigh the right to choose programming.
Miami Herald Publishing v. Tornillo
Supreme Court ruled the right-to-reply law is unconstitutional for newspapers.

19. Dirty Words, Indecent Speech, and Hefty Fines
Broadcasters may be punished for indecency or profanity.
1937: Mae West sketch
1960s: topless radio
1973: George Carlin’s Seven Dirty Words
1990s: Howard Stern
2004: Without a Trace and Janet Jackson’s Super Bowl performance

20. Political Broadcasts and Equal Opportunity
Section 315
Stations must provide equal opportunities and response time for qualified political candidates during elections.
Exempts news broadcasts
Supporters of equal opportunity law argue that it has provided forums for lesser-known candidates.

21. The Demise of the Fairness Doctrine
Required stations to:
Air and engage in controversial-issue programs affecting their communities
Provide competing points of view when offering such programming
Broadcasters argued it created an unfair burden.
Ended in 1987
Support periodically resurfaces.

22. Communication Policy and the Internet
Internet regulation
Internet regarded as the one true venue for unlimited free speech.
Public conversation focuses on First Amendment issues.
Battle over net neutrality rules
Will determine whether broadband Internet connections will be defined as an essential utility or an information service

23. The First Amendment and Democracy
As citizens, we must:
Engage in public debate about media ownership
Pay attention to those excluded from opportunities not only to buy products but to shape the cultural landscape
Challenge journalists and leaders
Become watchdogs and critical consumers