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The First amendment Speech Press Religion Petition Assembly
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The First amendment 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 to peaceably assemble and to petition the government for a redress of grievances.
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The 5 First Amendment Freedoms
Speech The First Amendment says that people have the right to speak freely without government interference. Press The First Amendment gives the press the right to publish news, information and opinions without government interference. This also means people have the right to publish their own newspapers, newsletters, magazines, etc. Religion The First Amendment prohibits government from establishing a religion and protects each person's right to practice (or not practice) any faith without government interference.
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The 5 First Amendment Freedoms
Petition The First Amendment says that people have the right to appeal to government in favor of or against policies that affect them or that they feel strongly about. This freedom includes the right to gather signatures in support of a cause and to lobby legislative bodies for or against legislation. Assembly The First Amendment says that people have the right to gather in public to march, protest, demonstrate, carry signs and otherwise express their views in a nonviolent way. It also means people can join and associate with groups and organizations without interference.
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Exceptions Obscenity Defamation Expression that resorts to violence
Fighting words – incites lawless actions Invasion of privacy Deceptive/misleading products/services or illegal Threats to national security Copyright Expression that causes harm or disrupts school activities
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Speech vs. press Does the press have universal freedom?
Should there be limits on the press? Are there aspects of the media essential to freedom of the press? Does censorship have its place? How would a restricted press impact American society?
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What is defamation? Making harmful comments that damage someone’s image Slander vs. Libel Malice Intention to harm Negligence Failure to handle with care Public figure VS Private individual Difference in what reporter has to prove. Press vs. speech article and libel school article
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Indecent vs. obscene Obscenity: material is obscene if it “appeals to a prurient (unhealthy or unwholesome) interest in sex” Remember, the FCC has the power to “regulate a radio broadcast that is indecent but not obscene” (FAS.org) Because media is accessible to children: Cable operators, on channels primarily dedicated to sexually oriented programming should fully scramble or otherwise fully block such channels, or to not provide such programming when a significant number of children are likely to be viewing it, which, under an FCC regulation meant to transmit the programming only from 10 p.m. to 6 a.m. FCC and radio online reading
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Libel and Slander A published false statement that is damaging to a person's reputation; a written defamation. Slander is spoken defamation
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What motivates the Media?
Audience Famous people Conflict/Controversy Violence War/Politics/Terrorism Money Consumers Natural Disasters World problems Drugs
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Freedom of Expression Reading
Paragraph 3 What is good faith defamation? Defamation means to make false statements about a person Look at sentence 3 While the First Amendment protects and fosters individual self- expression as a worthy goal, it also and as important affords the public access to discussion, debate, and the dissemination of information and ideas.
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Differences Speech Press
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Differences Speech Press
Freedom of communication and expression through mediums including various electronic media and published materials Good faith defamation – public access to info and ideas Any act of seeking, receiving and imparting information or ideas, regardless of the medium used May not protect your privacy Speech vs. press reading
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Hazelwood: Censorship
Does the press have universal Freedom? What is censorship? What is prior review? Does the Hazelwood ruling apply to all public schools? What factors does the court use to determine whether the student newspaper has been opened by the school as a public forum? Under what circumstances may student speech in a school-sponsored, non-public forum be limited according to the Hazelwood decision? What is the difference between editorial decision making and self censorship?
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What are they supposed to broadcast? What does indecent mean?
FCC What is the FCC? What are they supposed to broadcast? What does indecent mean?
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