This document discusses landmark Supreme Court cases that helped define what types of speech are protected by the First Amendment. It focuses on New York Times Co. v. Sullivan, which established that public officials must prove "actual malice" to win a libel suit over criticisms of their official conduct. The document also discusses Birdsong v. Curtis Publishing Co., which further confirmed citizens' rights to criticize government failures. These cases helped establish criteria for determining libel and differentiated protections for public and private figures. The document stresses the importance of journalists presenting information truthfully, accurately, and without malicious intent while avoiding harm.
This presentation seeks to shed light on the question: What do political scientists and legal academics report on how the outcomes of Supreme Court decisions "are" or "are not" consistent with popular opinion?
It also provides a "public opinion checklist" for attorneys and law firms to help with their cases.
This presentation was a part of the Social Justice Internship program. It covers the background and detriments of sentencing juveniles to life without parole.
This essay delves into the facts of the situation Bradley manning faced as a military agent and the circumstances that led him to turn hostile against his own country in the name of humanity.
Expository writing class paper critically analyzes Lyndon B. Johnson's electi...Jacob Khan
Jacob J. Khan's Expos 20 essay explores how Lyndon Johnson dramatized platforms to increase voter participation.
Jacob's in-depth analysis of the Lyndon B. Johnson commercial reveals that political leaders use creative tactics to increase voter participation in elections. These are done by highlighting citizenship values and virtues. These themes revolve around a core majority in which interests need to be protected.
Landmark Cases 1
Landmark Cases 5
Landmark Cases
Shawnette Howard
SNHU
2/13/2022
Landmark cases have been able to shape the development of freedoms in the idea that freedom of speech has continuously been put in check to ascertain whether there is a need for improvement or not. If so, they outline the steps to be lawfully followed to ensure these freedoms are not manipulated to undermine their importance within a legal bracket. Some of the landmark cases that impacted digital communication in a significant manner are New York Times v Sullivan, Reno v. ACLU, and Brandenburg v Ohio.
Reno v. ACLU
The Reno v. ACLU case involved an assessment of the Communications Decency Act of 1996. This case provided the needed criminal course of action against any individual that used the internet to transfer obscene messages, which are general messages that are indecent (Marano, 2017). This was explicitly when the transferor the message itself involved a minor (A person under 18 years). Therefore, Congress came up with an agreeable vote to pass the Communications Decency Act to curb the issue of pornography. CLU, however, argued that the act contained elements of unconstitutionality (Djavaherian, 1998). And it was based on this argument the supreme court ruled the act as a violation of the First Amendment right to speech. The idea behind this argument was that it was a content-based restriction.
The case brought changes in the communication industry. One of the major supreme court cases directly linked the past of communication, especially in the digital platform, to the future. Arguably, any court ruling may have an upside as well as a downside, especially if it involves opening the doors to freedoms but limiting some notions of morality. The case made a solid ground from which the law recognized the freedom of speech; from this case, the freedom was further given a broader scope to work on. It is also worth considering that this case ushered in the idea of self-expression without limiting oneself to what others find as right. The case allowed people to act in their capacity; this was the basic foundation of freedom of speech for future generations.
New York Times v Sullivan
The case was mainly a prominent aspect of promoting freedom of speech. The case created a platform from which newspapers could go in-depth and chase a story irrespective of where it took them. Sullivan sued the New York Times for defamation in an ad by the Newspaper. However, the Newspaper argued that they did not desire to tarnish Sullivan's identity when the ad was posted. An Alabama court awarded Mr. Sullivan $500,000 worth of damages to be paid in good time by the New York Times (Wasserman, 2012). The Newspaper, however, made an appeal in the supreme court, in which case the supreme court declared that the case would favor the Newspaper. This was because for the suit to stand, Mr. Sullivan would have to prove that the Newspaper intentionally used information that ...
Research Paper draftHave changes implemented by the Trump .docxverad6
Research Paper draft
Have changes implemented by the Trump era Justice Department affected civil rights and if so,
how have civil rights been affected?
Ayala Layen-Slann
Prof. Jean, Adeline Bernadette
ENC-1101-OL2: COMPOSITION
St. Thomas University
Tuesday, December 11, 2018
Jean Adeline Bernadette
106850000000004004
The United States Justice Department has greatly reduced enforcement of civil rights 2
For decades, the Department of Justice (DOJ) has used court-enforced agreements to
protect civil rights, successfully desegregating school systems, reforming police departments,
ensuring access for the disabled and defending religious freedom (Huseman and Waldman 2017).
In 2016 the many of the new first-time voters exercised their right to vote, hoping to be able to
see how “Life, Liberty and the pursuit of Happiness” (Jefferson, 1776) take place in a free and
democratic country.
Since the election in November 2016, the general concept is that the country is in a
continued ride on a roller-coaster where many core values are compromised, and more conflicts
arise. In the following pages, a conflict of interest and how it affects the political, economic and
social system will be reviewed. Additionally, suggested approaches to this conflict of interest will
be reviewed as well.
The Office of the Attorney General was created by the Judiciary Act of 1789, as a part-
time position. By 1870, after the civil war, the Congress passed the act to establish the
Department of Justice with the Attorney General as its head. The DOJ mission as it is taken from
their website states ”To enforce the law and defend the interests of the United States according to
the law; to ensure public safety against threats foreign and domestic; to provide federal leadership
in preventing and controlling crime; to seek just punishment for those guilty of unlawful
behavior; and to ensure fair and impartial administration of justice for all Americans.”(DOJ,
2018). There is no doubt that changes implemented by the Justice Department under President
Trump are having the overall effect of reducing the enforcement of civil rights laws.
On June 16, 2017, Elizabeth Hill, press secretary for the Department of Education told
ProPublica that the new “enforcement instructions seek to clear out the backlog while giving
every complaint the individualized and thorough consideration it deserves.” (Huseman and
Waldman 2017). The DOJ under Attorney General Jeff Sessions is now taking more of a light
Jean Adeline Bernadette
106850000000004004
A comma is generally not needed in an in-text citation.
Jean Adeline Bernadette
106850000000004004
All of this should be one Introduction paragraph.
Jean Adeline Bernadette
106850000000004004
A running head is not used in the MLA format.
The United States Justice Department has greatly reduced enforcement of civil rights 3
approach towards enforcement of civil rights whi.
This presentation seeks to shed light on the question: What do political scientists and legal academics report on how the outcomes of Supreme Court decisions "are" or "are not" consistent with popular opinion?
It also provides a "public opinion checklist" for attorneys and law firms to help with their cases.
This presentation was a part of the Social Justice Internship program. It covers the background and detriments of sentencing juveniles to life without parole.
This essay delves into the facts of the situation Bradley manning faced as a military agent and the circumstances that led him to turn hostile against his own country in the name of humanity.
Expository writing class paper critically analyzes Lyndon B. Johnson's electi...Jacob Khan
Jacob J. Khan's Expos 20 essay explores how Lyndon Johnson dramatized platforms to increase voter participation.
Jacob's in-depth analysis of the Lyndon B. Johnson commercial reveals that political leaders use creative tactics to increase voter participation in elections. These are done by highlighting citizenship values and virtues. These themes revolve around a core majority in which interests need to be protected.
Landmark Cases 1
Landmark Cases 5
Landmark Cases
Shawnette Howard
SNHU
2/13/2022
Landmark cases have been able to shape the development of freedoms in the idea that freedom of speech has continuously been put in check to ascertain whether there is a need for improvement or not. If so, they outline the steps to be lawfully followed to ensure these freedoms are not manipulated to undermine their importance within a legal bracket. Some of the landmark cases that impacted digital communication in a significant manner are New York Times v Sullivan, Reno v. ACLU, and Brandenburg v Ohio.
Reno v. ACLU
The Reno v. ACLU case involved an assessment of the Communications Decency Act of 1996. This case provided the needed criminal course of action against any individual that used the internet to transfer obscene messages, which are general messages that are indecent (Marano, 2017). This was explicitly when the transferor the message itself involved a minor (A person under 18 years). Therefore, Congress came up with an agreeable vote to pass the Communications Decency Act to curb the issue of pornography. CLU, however, argued that the act contained elements of unconstitutionality (Djavaherian, 1998). And it was based on this argument the supreme court ruled the act as a violation of the First Amendment right to speech. The idea behind this argument was that it was a content-based restriction.
The case brought changes in the communication industry. One of the major supreme court cases directly linked the past of communication, especially in the digital platform, to the future. Arguably, any court ruling may have an upside as well as a downside, especially if it involves opening the doors to freedoms but limiting some notions of morality. The case made a solid ground from which the law recognized the freedom of speech; from this case, the freedom was further given a broader scope to work on. It is also worth considering that this case ushered in the idea of self-expression without limiting oneself to what others find as right. The case allowed people to act in their capacity; this was the basic foundation of freedom of speech for future generations.
New York Times v Sullivan
The case was mainly a prominent aspect of promoting freedom of speech. The case created a platform from which newspapers could go in-depth and chase a story irrespective of where it took them. Sullivan sued the New York Times for defamation in an ad by the Newspaper. However, the Newspaper argued that they did not desire to tarnish Sullivan's identity when the ad was posted. An Alabama court awarded Mr. Sullivan $500,000 worth of damages to be paid in good time by the New York Times (Wasserman, 2012). The Newspaper, however, made an appeal in the supreme court, in which case the supreme court declared that the case would favor the Newspaper. This was because for the suit to stand, Mr. Sullivan would have to prove that the Newspaper intentionally used information that ...
Research Paper draftHave changes implemented by the Trump .docxverad6
Research Paper draft
Have changes implemented by the Trump era Justice Department affected civil rights and if so,
how have civil rights been affected?
Ayala Layen-Slann
Prof. Jean, Adeline Bernadette
ENC-1101-OL2: COMPOSITION
St. Thomas University
Tuesday, December 11, 2018
Jean Adeline Bernadette
106850000000004004
The United States Justice Department has greatly reduced enforcement of civil rights 2
For decades, the Department of Justice (DOJ) has used court-enforced agreements to
protect civil rights, successfully desegregating school systems, reforming police departments,
ensuring access for the disabled and defending religious freedom (Huseman and Waldman 2017).
In 2016 the many of the new first-time voters exercised their right to vote, hoping to be able to
see how “Life, Liberty and the pursuit of Happiness” (Jefferson, 1776) take place in a free and
democratic country.
Since the election in November 2016, the general concept is that the country is in a
continued ride on a roller-coaster where many core values are compromised, and more conflicts
arise. In the following pages, a conflict of interest and how it affects the political, economic and
social system will be reviewed. Additionally, suggested approaches to this conflict of interest will
be reviewed as well.
The Office of the Attorney General was created by the Judiciary Act of 1789, as a part-
time position. By 1870, after the civil war, the Congress passed the act to establish the
Department of Justice with the Attorney General as its head. The DOJ mission as it is taken from
their website states ”To enforce the law and defend the interests of the United States according to
the law; to ensure public safety against threats foreign and domestic; to provide federal leadership
in preventing and controlling crime; to seek just punishment for those guilty of unlawful
behavior; and to ensure fair and impartial administration of justice for all Americans.”(DOJ,
2018). There is no doubt that changes implemented by the Justice Department under President
Trump are having the overall effect of reducing the enforcement of civil rights laws.
On June 16, 2017, Elizabeth Hill, press secretary for the Department of Education told
ProPublica that the new “enforcement instructions seek to clear out the backlog while giving
every complaint the individualized and thorough consideration it deserves.” (Huseman and
Waldman 2017). The DOJ under Attorney General Jeff Sessions is now taking more of a light
Jean Adeline Bernadette
106850000000004004
A comma is generally not needed in an in-text citation.
Jean Adeline Bernadette
106850000000004004
All of this should be one Introduction paragraph.
Jean Adeline Bernadette
106850000000004004
A running head is not used in the MLA format.
The United States Justice Department has greatly reduced enforcement of civil rights 3
approach towards enforcement of civil rights whi.
respond to each peer discussion with 3-4 sentences 1. Inter.docxmackulaytoni
respond to each peer discussion with 3-4 sentences
1. Interest groups have been around since the 1800’s. The reason for the formation of these groups was to support those with difference in opinion on certain matters, specifically those that targeted unfairness towards others. From the beginning, interest groups have had a very significant effect on the government, including legislation. Interest groups of the past are very different than those in present day. Those in the past were geared towards uniting those people with the same view, like farmer’s rights. Now, interest groups are formed all over and consist of big corporation pushing for economic growth in the U.S. and a more productive work force.
There are two ways that interest groups can effect the legislation process. One way is lobbying and another way is the iron triangle. Lobbying are those specific groups going to Capitol Hill to meet with certain Congress members or their aides. The iron triangle is the interaction between regulatory agencies such as the legislative act, the lobbying disclosure act, and the honest leadership and open government act.
Lobbying is one of the most beneficial way to have effects on legislation. Lobbyist are those who represent an interest group and fights for their rights and concerns. Lobbying has had a lot of influence on the way the government legislates and what comes to the forefront. Stated in the article, “Interest Group Connection: Engineering, Lobbying, and Policymaking in Washington”, “As long as citizen enjoy the “the right petition the government for a redress of grievances”, lobbyist will continue to have an important role in making public policy” (Wilcox, Shaiko & Herrnson, 1998, pg. 4). Elected officials and their aides are in need of interest groups. Interest groups of all kind are the ones that will help defend a bill or a cause that are particular parties elected officials is interested in. These groups provide money and support which in exchange cause effects on the legislative agenda in Congress (Wilcox, Shaiko & Herrnson, 1998).
2. In July 2009, the first case of cyberbullying made headlines as a federal judge threw out the case from a lower court. Prosecutors in St. Louis
contended that their ruling was correct and that the federal judge was out to “make a name for himself.” This new form of bullying resulted in the
death of a 13-year-old girl. What is the constitutional background in cases such as this?
The days of bullying only occurring in a classroom, on a school bus, or even on a playground are slowly becoming distant memories of the past. A
new form of bullying is slowly taking root right under the noses of parents through the use of the internet, and especially in social media.
Cyberbullying is a trend where bullies can taunt unsuspecting children with harassing and threatening messages online or in social media. Let's
begin the analysis of cyberbullying as it relates to .
1. Running Head: FREE SPEECH? 1
What is protected as Free Speech?
Connie Butts
JRN 410 Journalism Law
Instructor: Michael Angelo
May 18, 2015
2. Running Head: FREE SPEECH? 2
What is protected as Free Speech?
As a citizen of the United States there are few things considered as important as the
freedom of speech which is guaranteed by the First Amendment. However, few citizens
understand exactly what is protected as free speech and what is not. It would be reasonable to say
if one hundred people were asked what is protected as free speech, a variety of answers would be
given that covers individual thoughts on what should be covered, ranging from the basics of
conversation to the ability to say anything regardless of the harm caused. This indicates the need
to have a definition of what is covered as protected speech. Never was this need as apparent as in
the early days of the Civil Rights movement when ideals clashed and tempers flared in view of
differences in race and social backgrounds. This led to many fights, both physical and legal, that
set the framework that defined exactly what protected speech is according to the law, as well as
the degree of protection one can expect from the law if they suffer damage from malicious
unprotected speech. Landmark cases were fought and won and the court rulings in conjunction
with one another have defined a method by which the law has become a “way for society to
organize itself under, or by a set of beliefs that are constitutive of society.” (Carroll, 2012) These
rules, or beliefs, will be considered along with the ways they have impacted society and
contributes to free speech, as well as provides protection for persons that have suffered from
slander or defamation that was inflicted in a malicious manner. Realizing that free speech is
indeed a gift and using it in an honorable manner by avoiding unfounded allegations and
inflammatory speech that incites wrongdoing in both private and public, demonstrates that we
seek to guard that gift and protect it as good stewards.
One of the landmark cases that set precedent in defining what is and is not protected as
free speech was the court case of Sullivan vs. The Times which resulted from civil unrest that was
3. Running Head: FREE SPEECH? 3
experienced in the early days of the Civil Rights movement. This case was brought forward by
the Montgomery, Alabama police officials because they felt they were libeled by The New York
Times when they published an article on March 29, 1960 that leveled charges “against public
officials in the South who, had used violence and illegal tactics to try to quell the peaceful civil
rights struggle.” (Pember, 2013) A trial court ruled in favor of the Montgomery police officials
but the Supreme Court overturned the verdict, thus giving an outstanding victory to the First
Amendment right to freedom of speech. Justice William Brennan determined in his decision that
freedom of speech included the right of the people to criticize public officials, and in order for
them to be awarded damages for libel they must be able to prove actual malice, thus
demonstrating there was “a knowledge of falsity or reckless disregard of whether the material
was false or not.” (Pember, 2013) Brennan ruled that the burden of proof had not been met in the
case. It is clear that the Supreme Court used its power to “determine the limits of constitutional
protections of speech, press, and association when challenged or threatened by state laws” in this
case. (Carroll, 2012) His ruling provided the guideline that public officials have a higher burden
of proof than private citizens because they hold a position that exposes them to public scrutiny
and debate over their fitness to hold that position of power and gives the people voice in public
affairs. This case also demonstrated that the Supreme Court’s authority to reverse decisions made
by lower courts.
Although the issue raised in the Sullivan case had been settled, public officials in the
South still made efforts to squash the public voice in the Birdsong vs. Curtis Publishing. T.B.
Birdsong, head of the Mississippi Highway patrol, filed a libel suit against Curtis publishing
stating that “he and his men were libeled about their failure to take control of the deteriorating
situation” that took place when an attempt was made to desegregate the University of Mississippi
4. Running Head: FREE SPEECH? 4
in 1962. Violence broke out that left two people dead and 160 Federal Marshals injured. In the
article later written What Next in Mississippi? The statement “those bastards left us” and that
when the violence began that they “quietly melted into the crowd leaving deputy marshals,
border patrolmen, and prison guards to deal with the chaos” were printed and damages were
sought and denied because it had already been determined that citizens were free to criticize the
government for the perceived failure to perform their duties. (Edmondson, 2011) This
determination further solidified the Supreme Court’s previous ruling.
On the surface it appears quite simple how the Supreme Court formulated the criteria that
is in place today to protect the freedom of speech, but there is a great deal more under the
surface. Actually, in order to be successful in winning a libel suit, especially if you are a public
figure, there are several criteria that must be satisfied. First of all, the information presented must
be false, second, it must be defamatory (cause public ridicule or embarrassment or cause a
person to be viewed in a negative way), third, must be spoken or written to a third party, and
fourth, must be financially damaging to the person being considered (unless the comments are of
a special nature. (Carpenter, 1992) Special nature comments do not require financial damages
and they include untrue comments about crimes of moral turpitude, unchastity, loathsome
disease, and professional misbehavior. (Carpenter, 1992) In the case of Sullivan and Birdsong
these criteria were not met because they were either based on opinion or eyewitness accounts and
there was no proof of actual malice.
The Supreme Court showed itself to be the highest public servant by making
differentiation between public servants and private citizens when considering burden of proof in
regard to libel suits. The court acknowledges that public officials or public figures “voluntarily
step into the spotlight, inviting attention and criticism and thus assume the risk of defamation”
5. Running Head: FREE SPEECH? 5
from society simply due to their visual status. (Bunker, 1998) The court also acknowledged that
private citizens live out of the spotlight and thus deserve greater protection under the law in
regard to being libeled. By handling individuals according to their status, the court enforces the
right to free speech, acknowledges the responsibility encompassed in being of public status, and
shows the need for covering conflict in a balanced and fair way. We see demonstration of this in
the rulings found in the Sullivan and Birdsong cases. Although precedent has been set by the
court, each case must be viewed on its own merit and judged on that. This being the case,
different courts may reach different judgments based upon extenuating circumstances that make
each case unique. (Edmondson, 2011)
In cases of rioting and civil unrest a person may be found libel if they use public criticism
of the situation to incite lawlessness or incite further unrest or violence. This would be an
example of extenuating circumstances that the court would consider when ruling in a libel case.
(Pember, 2013) This type of story is feverishly sought due to its newsworthy nature and coverage
of such stories happen very fast, not allowing the journalist to thoroughly think through the
correct steps when covering them. These conditions must be weighed carefully by the
responsible journalist and every effort to pursue the truth in a balanced and fair manner must be
the goal. Bringing newsworthy stories to the people can become complicated especially when
such dire and dangerous circumstances exist. Many times the necessary precautions are forgotten
or overlooked in the attempt to get the unadulterated truth during critical events and that can land
a journalist or reporter in trouble.
There are many things the journalist must keep in mind while fulfilling their job duties,
realizing that their freedom of speech is a small part of a larger puzzle. They must keep in mind
the absolute need to seek the truth and present it in a fair and balanced way while covering
6. Running Head: FREE SPEECH? 6
conflict and controversy. They must also consider the standard of fault that must be proven if
allegations of libel should arise. When covering a story about private citizens it is much easier to
be convicted of libel because proof of actual malice is not necessary. Then realizing that
potential problems that could arise makes it paramount that journalists abide by the code of
conduct designed and written for professional journalists. This code of conduct dictates that
fairness be exemplified in a story and that “fairness refers to presentation of statements from
principles in the story” and these should be based on fact. (Simon, 1989) There should also be
consideration of the relationship of fairness and balance to the type of controversial story that is
covered, the appearance of any defamatory statements, and the medium the story will be
presented in. (Simon, 1989) When a controversial story is covered, the type of alleged
wrongdoing must be weighed against facts rather than unsubstantiated accusations.
The field of journalism must also recognize that covering a story could possibly cause
harm to the subject of a story or those in association with them. Keeping this in mind will move
the responsible journalist to cover the story in a manner that reflects the truth without
intentionally trying to malign or degrade anyone, do extensive research to ensure the basis for the
story is indeed factual, and stick to the provable facts as much as possible. When the facts prove
actual wrongdoing has taken place it should be reported in a professional and fair way that
supports the facts while showing proper respect for those involved and avoiding inflammatory
statements, and care should be shown not to incite the public to avenge wrongdoing regardless of
how extensive it might be.
The information covered thus far illustrates the need of a journalist to keep many things
in mind while presenting true and fair information to the public. The rulings or precedents that
have been set forth by the court gives guidelines upon which these things are based. They
7. Running Head: FREE SPEECH? 7
demonstrate that a journalist consider not only their right to free speech but their subject, the
status of the person or group the story is about, covering the story in a truthful, accurate, fair, and
balanced way, the harm a story could cause a person or group of people, and the potential legal
complications that could arise from covering a story. This moves the professional journalist to
keep opinion statements to a minimum although the doctrine of fair comment allows them if they
are based on fact (Davis, 1994). It could become a slippery slope situation if a journalist
habitually made opinion statements because they could fall into the trap of personally attacking
an alleged wrongdoer and suffer the consequences of the action.
Reviewing the landmark court cases and their precedents’ remind us how important our
right to free speech really is. Many countries are not afforded this right at all and people fear
punishment from their respective governments anytime they speak out against injustices. Sad to
say, people here take it for granted many times on a daily basis without giving any thought to the
people who made it possible. The fact that the Supreme Court has upheld the right of every
citizen to speak freely without fear of governmental retribution speaks volumes about how
precious this gift we enjoy truly is. Individuals enjoy the right to speak freely, make opinion
statements and openly criticize the government when they disagree with its policy or actions. All
groups regardless of background enjoy this same freedom without prejudice. Society as a whole
is free to express themselves without fear from governmental oppression regarding statements
that may be negative. The right that was insured by the First Amendment and backed up by the
Superior Court is indeed a valuable gift that must be protected and cherished.
We have also been granted great leeway in what is allowed as protected as free speech.
The type of speech that falls into the category that is not protected is very hurtful, derogatory,
and of no benefit. Some of the speech that is unprotected includes intentionally lying about
8. Running Head: FREE SPEECH? 8
someone, speech that is directed for the purpose of causing another embarrassment, ridicule,
intended to ruin a person’s reputation or put them in a bad light, hate speech that incites the
commission of crime or furthers riots or civil unrest, and speech intended to damage another’s
reputation or to bring intentional harm. (Pember, 2013) This allows everyone the ability to
express themselves openly, even in critical situations when individuals feel the need to speak out
against anything they find offensive or disturbing. We have great freedom of speech and
expression and therefore the responsibility to protect it.
There are those who misuse this gift and put the future of this freedom in jeopardy
whether deliberately or unintentionally. The most common way in which this freedom is misused
is in the defamation and libeling of others. Stories that are newsworthy often are messy and are
riddled with raw or harsh facts. (Pember, 2013) Great tact must be exercised when covering such
stories. Even the harshest story can be handled with tact and be presented in accurate, honest,
balanced and fair way if proper precaution is taken in covering the story. It is helpful to consider
the potential consequences when tempted to make negative opinion statements even when moved
emotionally about situations that are unjust or shocking to a normal person. This will cause the
good journalist to present an accurate, honest, and balanced story, realizing there is a humane
way to cover any story regardless of how offensive it may be.
We have considered a dark time in human affairs as it stood during the early days of the
Civil Rights era along with precedents that were set and still stand until our day. (Pember, 2013)
People were willing to be beaten and pummeled simply to embrace and enjoy the same freedoms
as their Caucasian counterparts and those same freedoms were made clear to apply to all
Americans. We have seen how these court decisions carved out the criteria upon which libel
cases are judged. Differences between public officials or public figures raising the burden of
9. Running Head: FREE SPEECH? 9
proof regarding libel based upon their voluntary places in the spotlight that puts them at greater
risk of defamation and requires them to prove actual malice in order to win a libel case. (Bunker,
1998) These differences give private persons more protection under the law by not imposing this
burden upon them. The guidelines to prove libel were deliberated and intentionally left lax
enough to allow for the greatest freedom of speech possible while offering protection for those
who were unduly injured by the misuse of this freedom by using malicious, hurtful, or defaming
speech.
Journalists’ were also given self-imposed criteria upon which to operate that put in place
a protection for themselves and others in order to ensure they are ever cognizant of their duty to
the public, as well as those they may need to cover in a news story. We can truly see how these
court rulings in conjunction with other rules put in place have defined “a method by which the
law has become a way for society to organize itself by a set of beliefs that are constitutive of
society.” (Carroll, 2012) These rules or beliefs, including the belief that all persons should have
freedom of speech, and how they have impacted society in a positive way has been demonstrated
by the laborious way the courts have striven to see that all citizens enjoy this precious freedom.
Penalties were set in place for those who would intentionally abuse others by misusing this
freedom and there is protection for individuals who suffer from slander, defamation, and
malicious speech.
Considering the hard work that paved the way for our precious freedom of speech along
with the countless masses who have fought and died for it, we should always strive to use it with
honor and pride in the building up and education of others. The truth should be presented in an
unbiased way that is fair and respectful toward all. The guidelines that were so carefully carved
out for the welfare of all, regardless of status in life, education level, or ability are to be held with
10. Running Head: FREE SPEECH? 10
high esteem and respect. Journalists have a very honorable position because it is their duty to
properly use and care for this great freedom in bringing needed information to the people.
Holding to truth based on fact and delivered with accuracy is a demonstration that this freedom is
dear to the heart and mind of those responsibly entrusted with this privilege. Using this special
gift in an honorable manner by avoiding unnecessary or unfounded inflammatory allegations
against others regardless of where we may be proves ourselves as a public servant who truly
appreciates the marvelous freedom we have, which is the freedom of speech.
11. Running Head: FREE SPEECH? 11
Reference:
Bunker, M. D., & Tobin, C. D. (1998). Pervasive public figure status and local or topical fame
in light of evolving media audiences. Journalism and Mass Communication Quarterly,
75(1), 112-126. Retrieved from
http://search.proquest.com/docview/216927712?accountid=32521
Carroll, B. (2012). New York Times v. Sullivan: Civil rights, libel law and the free press.
Journalism History, 37(4), 251. Retrieved from
http://search.proquest.com/docview/922364394?accountid=32521
Carpenter, L. J. (1992). Legal issues: Defamation. Journal of Physical Education, Recreation &
Dance, 63(1), 12. Retrieved from
http://search.proquest.com/docview/215770441?accountid=32521
Davis, C. N. (1994). Libel and statements of opinion before and after Malkovich. Newspaper
Research Journal, 15(3), 105. Retrieved from
http://search.proquest.com/docview/200673741?accountid=32521
Edmondson, A. (2011). In Sullivan’s shadow: The use and abuse of libel law arising from the
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