Freedom of Speech and Press CHAPTER 19 SECTION

Freedom of Speech and Press CHAPTER 19 SECTION 3

Vocabulary �Libel – false and malicious use of the printed word �Slander – false and malicious use of the oral word �Sedition – an attempt to overthrow the government by violent acts �Seditious Speech – advocating/urging sedition behavior

Vocabulary �Prior restraint – the courts cannot restrain speech BEFORE it occurs �Shield law – laws that give reporters some protection against revealing the sources of their information �Symbolic speech – transfer of ideas through some means besides speech �Picketing – walking in front of a business to encourage others not to work or patronize the establishment

Can you say anything? �No, words can be dangerous so people do not have complete freedom to say anything they like �They cannot yell “fire” in a theater or joke that they have a bomb in their luggage at the airport �Freedom of speech ends where other people’s rights begin

14 th Amendment �People are guaranteed the right to free expression, written, spoken and any other means �People are guaranteed the right to a full, wide-ranging discussion of public affairs �You have the right to have their say and hear other people

14 th Amendment �Some forms of expression are not protected under the Constitution �You may not jeopardize another persons health or safety �You may not libel or slander another �You may not use obscene words, print obscene material or use false advertising

1 ST Amendment �Seditious speech is not protected �The Sedition Acts under John Adams were unconstitutional �Anyone convicted of violating the Alien or Sedition Acts were pardoned by Thomas Jefferson

Sedition Act of 1917 �During WWI, the Espionage Act made it a crime to interfere with the military draft, obstruction of recruiting, hinder the sale of government bonds or speak/write anything bad about the US �More than 2, 000 people were convicted of violating the Espionage Act

Schenck v. United States, 1919 �Charles Schenck, with the Socialist Party, attempted to disrupt the military draft by passing out leaflets encouraging men to resist the draft. �Supreme Court Justice Oliver Wendell Holmes wrote the majority opinion

Schenck v. United States, 1919 �Holmes established the “clear and present danger” rule �No one may communicate ideas which generate a criminal act.

Smith Act, 1940 �During WWII Congress passed the Smith Act, making it a crime to advocate the overthrow of the govt �In 1951, the Supreme Court heard Dennis v. United States �It was decided that it was also illegal to communicate ideas to overthrow the government

Yates v. United States, 1957 �Overturned the Smith Act �It is not illegal to belong to the Communist Party or urge others to join �It is still illegal to urge someone to do something criminal

Obscenity �“I don’t know how to define obscenity, but I know it when I see it. ” US Supreme Court Justice Potter Stewart �The 1 st and 14 th Amendments do not protect obscenity, but people cannot agree what obscenity is.

Obscenity �Congress passed an obscenity law prohibiting obscenity from being distributed by mail. �In 1957, Roth v. US upheld the law but could not provide an accurate determination of what was obscene.

Miller Test �Miller v. CA, 1973 decided that material is obscene if it fulfills each of the following criteria 1. The average person, applying contemporary community standards, and taken as a whole finds the work obscene

Miller Test 2. The work depicts/describes, in a patently offensive way, sexual conduct 3. The work, taken as a whole, lacks serious literary, artistic, political or scientific value

Community Standards • The clause regarding community standards is to recognize that something that is found obscene in Oklahoma City may not be considered obscene in San Francisco.

Porn at the Library • Can public libraries restrict access to ‘adult’ sites? • Yes, if they receive federal funds they must use a filter • Most libraries have fought for full access, as censorship conflicts with open access laws.

Prior Restraint • If you know the Sun Sentinel is going to print something derogatory about JPT, can you prevent them before it is printed? • No, if it is deemed to be libelous they can be sued after the fact.

NY Times v. US, 1971 • The Times planned to print what they knew about the Vietnam War • The Pentagon sued to prevent the Times from printing the article • The USSC refused to back the Pentagon because the information was embarrassing, not seditious or under the “clear and present danger” clause

Censorship • The USSC has backed school districts, giving them wide latitude when censoring materials and student speech

Hazelwood School District v. Kuhlmeier, 1988 • Kathy Kuhlmeier, editor of her school’s newspaper, sued because the principal deleted articles about pregnant students and birth control • The USSC sided with the principal, that they have the duty to oversee materials written for students.

The Media • Can the government restrict what you see in print, on television, or in the movie theater? • Yes and No

The Media • Can the government insist that a journalist tell who their sources were? • Yes, although they usually do not • In an on-going case, Judith Miller, a journalist for the NY Times, spent 87 days in jail for refusing to name her source

The Media • Journalists insist that shield laws are necessary to get stories, especially from whistleblowers. • If the identity of people cannot be protected, people are reluctant to come forward with what they may know.

The Movies • The USSC decided that communities can decide whether a motion picture can be seen • The rating system has assisted individuals when deciding if they would choose to see a particular movie.

Radio and Television • Radio and TV use public purchased wires and equipment, therefore, fall under the guidelines and restrictions of the government • The Federal Communication Comm. (FCC) fines individuals, such as Howard Stern, for inappropriate content.

Radio and Television • Appropriateness of content changes over time and place. • Lucy (I Love Lucy) was not allowed to: – Say the word ‘pregnant’, (and she was) – Show her and her husband in the same bed unless one foot was on the floor – Show a toilet bowl, even on cleaning ads

Radio and Television • TV got permission from the FCC to show films like Saving Private Ryan and Shindler’s List • Restrictions are becoming more severe after the Janet Jackson, 1/5 th of a second, “wardrobe malfunction”

Radio and Television • Most ‘live’ radio and TV shows today are on a 7 second delay to make sure no other mistakes occur. • Live conversations, or unedited text, are subject to fines if they contain objectionable material.