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Speech and Press What is free?. Speech Ability to disagree with majority Pure speech- verbal expression before an audience that has chosen to listen Symbolic.

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Presentation on theme: "Speech and Press What is free?. Speech Ability to disagree with majority Pure speech- verbal expression before an audience that has chosen to listen Symbolic."— Presentation transcript:

1 Speech and Press What is free?

2 Speech Ability to disagree with majority Pure speech- verbal expression before an audience that has chosen to listen Symbolic Speech- actions or symbols instead of words- burning American flag/draft card black arm bands- protest Viet Nam War limit picketing in front of private residence Cannot speak offer literature within 100 ft of health car facility/business

3 Regulating Speech Weigh against protection of society Seditious- Urging resistance to lawful authority or overthrowing of government. 1. Clear and Present Danger to Society Yelling fire in movie theater 2. Bad tendency doctrine- type of speech or protest leads to unlawful activity/violence 3. Govt must show absolute reason to restrict

4 Speech Sedition Laws- 1917 Espionage Act Accepted in wartime- overturned in peace Defamatory- false speech damaging character, name, reputation Slander-spoken Libel-written Civil court- damages Media- Must prove that stories written with knowledge that info was false.

5 Speech Fighting words- words trying to incite a fight to someone on public street Students Activity as events- Newspapers/plays/musicals etc,, Do not leave 1 st Amendment at the door.

6 Press Freedom of the press is crucial to maintaining a democracy Prior restraint- censorship of information before it is published Govt vs press Pentagon papers Free trials and press- Fugitive Movie Sequestering- isolating jury Gag order- barring press from news on trial

7 Press Protection of reporters- Constitution does not protect reporters to keep sources secret Shield laws in 30 states- protect reporters from giving up sources Founding fathers never imagined tv, internet FCC regulates and gives licenses Cable vs public tv? XM radio vs public air? Email/internet- closer to written material protections

8 Censorship Motion pictures- freedom but regualted by ratings Music- rating Games-ratings Obscenity- local cities/governments must establish own tolerance- have been struck down by court Advertising- advertisements- more and more freedom in this area.

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