Chapter 14 Free Speech Free Speech Not Absolute

Chapter 14 Free Speech

Free Speech • Not Absolute, but Justice Black felt is should be • Internet comments not recallable • Not a fair forum Pg. P BUSA 331 Chapter 14 2

Political Speech-Restrictions • There must be a compelling government interest in prohibiting this speech • The law must be narrowly tailored to achieve that interest • The law must be the least restrictive possible in order to achieve that interest Pg. P BUSA 331 Chapter 14 3

Commercial Speech • Has ‘diminished protection’ • Advertising of tobacco products (health) • False or misleading (Federal Trade Commission) • Profit-motivated • • Lawful, not misleading Substantial government interest Regulation must directly advance government interest Regulation cannot be more extensive than necessary Pg. P BUSA 331 Chapter 14 4

Expressive Conduct • Burning the American flag is a form of free speech • Can be limited in ‘time, place and manner’ • No bullhorns at 3 am Pg. P BUSA 331 Chapter 14 5

Speech Restrictions Based on State Role • Prohibition against government restriction on free speech does not apply to individuals or businesses, only to state Pg. P BUSA 331 Chapter 14 6

State and Free Speech Restrictions • Public employee statements pursuant to official duties • School administration regarding discipline or the rights of others • Prison regulations related to reasonable penological interests • Military discipline and obedience require restrictions Pg. P BUSA 331 Chapter 14 7

Prisoners and Free Speech • Prisoners have limited internet access due to potential problems • Harassing their victim’s families • Downloading ‘Anarchists’ Cookbook’… • Should prisoners be allowed internet access to do legal research? • Some states beginning to allow prisoners access Pg. P BUSA 331 Chapter 14 8

Military Free Speech • Not same protections afforded members of military • Milbloggers need to be careful not to reveal too much sensitive info-people can die • Army websites have been found to reveal more sensitive info than the milbloggers Pg. P BUSA 331 Chapter 14 9

Regulator of the State Bar • Conduct, advertising and speech can be regulated • Where do lawyers cross the line from free speech to regulated advertising? • IA attorney disciplined for NOT responding to client text messages • Attorneys disciplined for social media and blogging Pg. P BUSA 331 Chapter 14 10

Regulators of the Airwaves • Federal Communications Commission-FCC • Prohibits ‘obscene’ programming • Restricts times when indecent or profane can be aired • Mainly due to child accessibility Pg. P BUSA 331 Chapter 14 11

Unprotected Speech • Incitement-advocating use of force or lawless action • Fighting words • True Threats-at a specific person • National Security-classified documents. • Pentagon papers controversy • Edward Snowden • Obscenity (line between pornography/obscenity? ) • Child Pornography- later chapter Pg. P BUSA 331 Chapter 14 12

Social Boundaries of Free Speech • Most protected-political free speech • Less protected-commercial free speech • Not protected-obscenity, yelling fire, criminal conduct • What about differences in state and country jurisdiction? • Cockfighting (legal in LA) • Pro-Nazi sentiments? Pg. P BUSA 331 Chapter 14 13