School project involving a chapter summary of chapter 2 from Packard's Digital Media Law.

1. Feel free to EXPRESS yourself

2. No country is more PROTECTIVE of their right to free speech than the USA.

3. What gives us this FREEDOM?

4. THE FIRST AMENDMENT states that we have the RIGHT to

6. Be protected from a state religion

7. Free speech and free press

8. Assemble freely

10. No.

11. The first amendment only protects us from the Government Not private citizens

12. You can’t be protected if you express yourself on

13. However, it applies to ALL levels of government.

14. The first amendment prevents RESTRICTIONS on press PRIORto publishing.

15. There are 4exceptions

16. Obstruction of military recruitment or the publication of sailing dates, the number or location of troops

17. Obscenity

18. Incitements to violent overthrow of the government

19. Protection of private rights according to equitable principles

20. The government CAN restrict free press when it is UNSAFE not to do so

21. However, the NEAR STANDARD must be met (“direct, immediate, and irreparable damage to our Nation or its people”)

22. These PRIOR RESTRAINT ORDERS come in three forms.

23. TEMPORARY RESTRAINING ORDERS are for immediate relief when action will result in IRREPARABLE INJURY.

24. PRELIMINARY INJUCTIONS are granted when there is proof of the IRREPARABLE HARM and they are likely to win the case.

25. A PERMANENT INJUNCTION is the last order, to stop the action forever.

26. With new technology, the guidelines for TRO’s are harder to FOLLOW.

27. Part of this is from the STREISAND EFFECT.

28. Censoring material on the internet causes greater INTEREST, as shown by BARBARA STREISAND.

29. The meaning of FREEDOM OF EXPRESSION has expanded beyond restricting prior restraint.

30. Any statute that causes a CHILLfrom others, rendering them afraid to speak their minds, can be struck down.

31. This can come from being too B R O A D or too VAGUE.

32. BROADstatutes can be limited down to prevent intrusion over free speech

33. VAGUEstatutes can be CLARIFIED to protect from subjective enforcement.

34. Even though free speech is PROTECTED certain limits do apply.

35. Media is protected based on TYPE.

36. Print media is given the HIGHEST protection.

37. Broadcast media has to follow certain REGULATIONSbut content is often protected.

38. The INTERNET is harder to classify.

39. In 1997, it was granted FULL protection, when previously it was given restrictions that were UNCONSTITUTIONAL for other media.

40. Expression is also limited when it poses a THREAT.

41. Other than that, speech cannot be restricted based on CONTENT.

42. Regulations are put under one of 3forms of review if they try to limit speech.

43. STRICT SCRUTINY demands specifics be narrowed down, HEIGHTENEDSCRUTINYare for those that don’t target a particular idea, and the RATIONAL-BASISTESTis used to determine if the regulation is sound.

44. There is a TIME, PLACE, and MANNER for expression.

45. PLACES are divided into forum tiers.

46. TRADITIONAL PUBLIC FORUMS are public spaces that have always been available for speech.

47. Restrictions in such places are under STRICT SCRUTINY.

48. DESIGNATED or LIMITED PUBLIC FORUMS are places that are OPENED up to public use for expression.

49. There are specific conditions for RESTRICTING expression is such places.

52. What does the INTERNET count as?

53. Right now, it seem hard to tell.

54. It seems possible it might be a PUBLIC FORUM, but other sites may be NONPUBLIC FORUMS.

55. With the Internet, forums don’t have to be PLACES but can represent them.

56. Verbal SPEECH is not the only expression that is protected.

57. A SYMBOLIC expressions are also covered in the first amendment, assuming a message is present.

58. It still can be REGULATED, but there are a few questions that must be answered first.

59. /run Computer code >is >BOTH >speech >and >nonspeech.

60. It can be regulated when the restriction is CONTENT NEUTRAL.

61. Student speech is much more LIMITED on campus than off.

62. However, students do not lose ALL their rights when entering school.

63. Their rights can be restricted when expression DISRUPTSclass, involves DISORDER, or INVADESother’s rights.

64. Disliking CONTENT is not a justifiably restriction.

65. LEWD expression is not allowed, and neither is promotion of ILLEGAL SUBSTANCES.

66. Just as important as protecting what you SAY is protecting your right to say NOTHING.

67. free So feel to say what you need to say. quiet And keep about the things you don’t want to say.

68. Photo Credits : http://internetbusinessmastery.com/images/freedom%20of%20expression.jpghttp://www.defense.gov/dodcmsshare/homepagephoto/2006-08/hires_flag060805-N-3271W-006.jpg http://www.mindingthecampus.com/originals/free%20speech.bmp http://www.thecolorawards.com/gallery/photos/6/800/163681-Private_Property.jpg http://www.flickr.com/photos/tzofia/377108781/sizes/o/in/photostream/ http://www.georgiareporter.com/wp-content/uploads/2011/04/6-1024x684.jpg http://www.aswetravel.com/wp-content/uploads/2010/09/freedom-travel.jpg http://www.flickr.com/photos/69805768@N00/3292899689/sizes/l/in/photostream/ http://www.flickr.com/photos/phreak20/3414830335/sizes/o/in/photostream/ http://www.mattedmundson.com/wp-content/uploads/2010/06/Confused-man-509x338.jpg http://selfempowermentsecrets.com/wp-content/uploads/2011/04/Self-Empowerment-by-Fostering-skillful-speech.jpg Information from : Packard, Ashley Packard. Digital Media Law. Wiley-Blackwell, 2011. Print.