Comm law class 2 slides


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Comm law class 2 slides

  1. 1. First Amendment“Congress shall make no law abridging freedom of speech or the press”interpreted by the Supreme Court<br />
  2. 2. 5 most important theories:<br />Absolutist, Ad Hoc balancin,gPreferred position balancing theoryMeiklejohn theoryAccess theory<br />
  3. 3. Three topics are important when discussing the First Amendment<br />The power of the state to limit criticism or other verbal or published attacks on the government, <br />the power of the state to use taxation to censor the press, <br />the power of the government to forbid the publication of ideas or info it believes to be harmful.<br />
  4. 4. Examples – power of state to limit speech<br />1798 Alien & Sedition Acts three laws that pertained to foreign citizens, and a sedition law which outlawed false, scandalous and malicious publications against the U.S. government<br />Espionage Act of 1917- 2 federal laws <br />to deal with persons who opposed US participation in the war. The law said it was a crime to willfully convey a false report with the intent to interfere in the war effort<br />
  5. 5. Examples: power of state to limit speech<br />The 1918 Act said it was a crime to attempt to obstruct recruiting. iT was criminal to utter,print,write or publish disloyal or profane language to cause contempt or scorn for the government, constitution, flag or armed forces.<br />1940 the Smith Act said it was a crime to advocate violent overthrow of the government, or organize a group with that purpose, or be a member of a group with those intentions<br />
  6. 6. Examples –power of state to limit speech<br />Holmes test   If the words or actions posed a clear and present danger and be harmful to the nation then those words could be outlawed.<br />Clear = unmistakable. Present = immediate<br />Justice Louis Brandeis  clarified ‘ danger’ .Brandeis - if there is time to discuss <br />more speech should be encouraged not silenced<br />
  7. 7. Important First Amendment cases:2001  -charges against Warner Bros and Oliver Stone that a robbery and shooting at a convenience store were the result of thieves trying to mimic scenes they viewed as part of the movie Natural Born Killers<br />
  8. 8. First Amendment cases<br />1996 - families of Trevor and Mildred Horn and Janice Saunders v. Palladin publishers<br /> Hit Man: A Technical Manual for Independent Contractors. <br />
  9. 9. First Amendment Cases<br />1996 - Planned Parenthood v American Coalition for Life - web postings by anti-abortion activists that branded doctors who performed abortions as baby butchers. <br />
  10. 10. First amendment:Debate over freedom of expression: prior restraint<br />Prior restraint occurs when the government either insists on giving prior approval before broadcast or publication, or bans publication of the material<br />
  11. 11. Nearv. Minnesota <br />city council members brought a suit against a publication in a small community<br />A lower court declared the newspaper a public nuisance and further issues could not be published unless it intended to print material that would not be objectionable. <br />
  12. 12. 1971 Pentagon Papers<br />The New York Times began publishing a series of articles about a government study that was leaked called ‘the History of the US decision making process on the Vietnam Policy’<br />After the first article appeared, the Attorney general asked the NY Times to stop and got a temporary restraining order<br />
  13. 13. Prior restraint during wartime<br />Most prior restraint cases are unconstitutional,<br />but prior restraint during wartime is<br />treated differently by the courts if the<br />censorship may protect national security<br />
  14. 14. In fact censorship during wartime is not uncommon:<br />WWII <br />Vietnam War<br />Grenada <br />Panama <br />Persian Gulf War <br />Balkans  <br />
  15. 15. censorship during wartime is not uncommon<br />Afghanistan <br /> Iraq <br />