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Defending Free Speech: Rights and Limitations

Explore the boundaries of free speech and press freedom with a focus on government restrictions, historical acts of treason and sedition, media censorship, libel laws, and types of speech protected by the First Amendment. Delve into landmark court cases and controversies shaping modern civil liberties.

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Defending Free Speech: Rights and Limitations

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  1. Free Speech & the Press Government Unit 6

  2. National Security • Treason: act of aiding & comforting an enemy of US in time of war • Sedition: use of language that encourages people to rebel against lawful government http://www.autographsmovieposters.com/6%20sheets%202/Guilty_Treason_6sht.jpg http://www.cs.cornell.edu/nystrom/images/Antietam/fullsize/hf-john-brown.jpg

  3. Alien & Sedition Acts 1789 • Illegal to say anything “false, scandalous, and malicious” against the govt or its officials • Schenck v. United States 1919 • Established the Clear and Present Danger test http://ecx.images-amazon.com/images/I/51CC6HT2BQL._SL500_AA240_.jpg

  4. Media • Prior restraint • Stopping someone from expressing an idea or providing information • Near v. Minnesota- 1931 • censorship • Branzburg v. Hayes- 1972 • Protection of sources http://www.wellesley.edu/Polisci/wj/Vietnam/Images/pentagonpapers.gif

  5. Media • Libel • Written statement or visual presentation that is defamatory or unjustly harms another person’s character & reputation • Slander • Verbal defamation • Miller v. California- 1973 • obscenity

  6. Media- Licensing • TV & radio use public airwaves, thus need license to operate & subject to FCC regulations • False Advertising http://caprx.com/Merchant2/graphics/00000001/lllg.jpg

  7. Media & Film • 1915- film is a business & not protected by free press– ’52 reversed • Not all censorship is unconstitutional • States & local govt can ban a movie w/ judicial hearing • Movie industry est. own rating system to determine appropriateness

  8. Types of Speech • Pure Speech- peaceful expression of thoughts, ideas, or opinions • Speech Plus- verbal expression with some sort of action • Symbolic Speech- nonverbal expression using symbols http://www.nickmccart.com/yellowribbon.jpg

  9. Hate Speech- expression of hatred or bias against a person based on characteristics such as race, sex, religion, or sexual orientation http://rogueimc.org/images/2007/12/9609.jpg

  10. Limits on Assembly & Petition: • Must be peaceable • Advanced notice & obtain permits • Must observe authority http://edition.cnn.com/SPECIALS/2006/yir/timeline/images/03.imigraton.protests.gi.jpg

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