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Speech and Press

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 Speech- actions or symbols instead of words- burning American flag/draft card b lack arm bands- protest Viet Nam War

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Speech and Press

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  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 1st 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 • Govtvs 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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