1. CH. 19-3 FREEDOM OF SPEECH AND PRESS ADVANCED AMERICAN GOVERNMENT

2. FREE EXPRESSION  “Sticks and stones may break my bones, but names will never hurt me”  Guarantee of free speech in 1 st and 14 th Amend. Serve to fundamentally important purposes:  1) to guarantee each person a right of free expression, in spoken and written form, and by all other means  2) to guarantee to all person a full, wide-ranging discussion of public affairs

3.  1) Guarantees of free speech and press is intended to protect the expression of unpopular views  2) Some forms are not protected  No person has unbridled right of free speech  No person has the right to LIBEL or SLANDER someone.  LIBEL—false and malicious use or printed words  SLANDER—false and malicious use of spoken words  Obscene words, material, and false ads are prohibited

4. SEDITIOUS SPEECH  SEDITION—crime of attempting to overthrow the government by force of to disrupt its lawful activities by violent acts  SEDITIOUS SPEECH—the advocating, or urging, of such conduct.  THE ALIEN AND SEDITION ACTS  1798  Law was meant to stifle the opponents of President John Adams and the Federalists

5.  These laws were probably unconstitutional but never tested in court  THE SEDITION ACT OF 1917  Crime to encourage disloyalty, interfere with the draft, obstruct recruiting, incite insubordination in the armed forces, or hinder the sale of government bonds  2,000+ arrested  Schenck v. United States (1919)—conviction upheld  Read opinion p. 547 (2 nd column, bottom)

6.  THE SMITH ACT OF 1940  Still exists; makes it a crime for anyone to advocate the violent overthrow of the government of the USA, to distribute any material that teaches or advises violent overthrow, or to knowingly belong to any group with such an aim.  USSC would decide to limit the Smith Act in future years and today is have become almost un- enforcable

7. OBSCENITY  What language and images in printed matter, films, and other materials are obscene?  First obscenity laws in 1872  Current Law was upheld by USSC in Roth v. United States (1957) – first attempt to define obscenity  Excludes “every obscene, lewd, lascivious, or filthy” piece of material from the mail.  Miller v. California (1973)  Three part test to determine obscenity

8.  1) “the average person applying contemporary [local] community standards” finds that the work, taken as a whole, “appeals to the prurient interest”—that is, tends to excite lust  2) “the work depicts or describes, in a patently offensive way,” a form of sexual conduct specifically dealt with in an anti-obscenity law  3) “the work, taken as a whole, lacks serious literary, artistic, political, or scientific value

9. PRIOR RESTRAINT  Constitution allows government to punish for something said after it occurs but it cannot place any PRIOR RESTRAINT on spoken or written words.  Examples where Prior Restraint has been allowed:  1) Greer v. Spock (1976)—regulations prohibiting the distribution of political literature on military bases without the approval of military authorities  2) Snepp v. United States (1980)—a CIA rule that agents must never publish anything about the agency without the CIA’s permission

10.  3) Thornburgh v. Abbott (1989)—A federal prison rule that allows officials to prevent an inmate from receiving publications considered “detrimental to the security, good order, or discipline” of the prison  4) Hazelwood School District v. Kuhlmeier (1988)— public school officials have a broad power to censor school newspapers and plays, as well as other “school-sponsored expressive activities.”

11. THE MEDIA  To what extent can the media—both print and electronic—be regulated by the government?  CONFIDENTIALITY  Can a journalist be required to give the name of a source while testifying in court or before a legislative committee?  State and federal courts have generally have not given journalists confidentiality rights and some people have gone to jail for refusing to reveal a source

12.  MOTION PICTURES  Mutual Film Corporation v. Ohio (1915)—upheld an Ohio law that barred showing any film that was not of a “moral, educational, of harmless and amusing character.”  1952—USSC reversed itself saying expression using motion pictures was protected by 1 st and 14 th Amend.

13.  RADIO AND TELEVISION  Radio and TV are subject to extensive government regulation  Airwaves are public property so the radio and TV stations need a license  Congress has forbidden FCC to regulate content of programs before they are broadcast  Cable TV has been given broader 1 st Amend. Freedom than traditional TV

14. SYMBOLIC SPEECH  SYMBOLIC SPEECH—communicating ideas by conduct such as facial expression, carrying a sign, or wearing an armband  PICKETING—patrolling a business site by workers who are on strike  Protected by 1 st Amend. If peaceful  OTHER SYMBOLIC SPEECH CASES

15.  United States v. O’Brien (1968)—involved four young men who burned their draft card to protest the Vietnam War  O’Brien was convicted because of a federal law banning draft card burning  O’Brien appealed saying this was symbolic speech  USSC said there is not a limitless list of actions that involve symbolic speech just because a person engages in a particular act.

16.  Tinker v. Des Moines School District (1969)  A small group of students had worn black armbands to publicize their opposition to the Vietnam War. The school suspended them.  “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate”

17.  FLAG BURNING  Burning the flag as an act of political expression is protected  Constitutional amendments have been discussed to prevent this act but have not gained momentum.

18. COMMERCIAL SPEECH MMost information from businesses is protected but there are exceptions TThe government can and does protect against false and misleading advertisements TTHE END