1. Legal Controls and Freedom of Expression Chapter 16

2. “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.” —First Amendment, U.S. Constitution

3. Four Models for Expression and Speech Authoritarian – Machiavelli Communist – State-run media Libertarian – No restrictions on mass media or freedom of speech Social responsibility – Hutchins Commission

4. Prior Restraint Government cannot block publication or speech Pentagon Papers – Daniel Ellsberg The Progressive – National security as a cause for restraint – Article offered “how-to” H-bomb guide Clear and present danger – Schenck v. United States

5. Copyright Legally protects the rights of authors and producers of their published or unpublished writing, music, lyrics, TV programs, movies, or graphic art designs Digital Millennium Act of 1998: outlaws technology that will circumvent copyright protection systems

6. Libel and Slander NY Times v. Sullivan (1964) Biggest worry that haunts editors Falsely accusing (a) person(s) of: – Mental illness or defect – Crime – Incompetence – Associating with hate groups Were you wrong? Negligent? Did it cost the victim measurable damages?

7. Actual malice and qualified privilege: The line between fact and opinion is often hazy.

8. Right to Privacy Princess Di Invasion of Privacy – Unauthorized intrusion Tapes Wiretaps – Publication of private matters – Using a person’s name or image Most journalism organizations use their own guidelines.

9. Obscenity Ulysses by James Joyce Miller v. California, 1973 – Average person finds prurient – Sex described in offensive ways – No serious literary/artistic merit – Acknowledges differing community standards – Must judge the work as a whole

10. “…the work of journalists must be independent and free from government control if they are to effectively serve as government watchdogs.” —Reporters Committee for Freedom of the Press

11. A Press under Siege Press is often targeted for revealing questionable government actions. Department of Justice can prosecute journalists for publishing classified information. – Wen Ho Lee vs. news media, 2006 Free Flow of Information Act moving toward Senate vote – This would protect press’s right to rely on sources like the police and FBI.

12. Regulating Film “Damn” in Gone With The Wind Film Review Boards – State and local boards try to control film – Jack Johnson and boxing films Fatty Arbuckle and the MPPDA Industry self-regulation The Motion Picture Production Code

13. “No picture shall be produced which will lower the moral standards of those who see it.” — Motion Picture Production Code, rule 1

14. “Tail Gunner” Joe McCarthy McCarthy hearings Red Channels “Red scare” Among those scarred by witch-hunts: – Lena Horne – Dashiell Hammett – Arthur Miller – Leonard Bernstein

15. Difference between Print and Broadcast Red Lion v. FCC: Radio broadcasters’ responsibilities to public interest outweigh rights to choose programming. Miami Herald Publishing v. Tornillo: Supreme Court ruled the right-to-reply law is unconstitutional for newspapers.

16. FCC vs. First Amendment 2006: President Bush substantially increased FCC’s maximum fine to $325,000. 2007: Four major television networks suing FCC on grounds that their First Amendment rights have been violated

17. Political Coverage Section 315 – Stations must provide equal opportunity for response and counter – Only applies to broadcast Fairness Doctrine – Required stations to offer balancing opinions on controversial issues Ended smoking ads – No longer in effect

18. “The USA has slipped to 44 th place in the press-freedom rankings among other nations. What can be done?” —First Amendment Center, 2006

19. Maintain Democracy As citizens, we must: – Engage public debate about media ownership – Pay attention to those excluded from opportunities to buy products and shape the cultural landscape – Challenge journalists and leaders – Become watchdogs and critical consumers