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Freedom of Speech and Press
Transcript of Freedom of Speech and Press
| Natalie McLain | Emily Shon |
|Anastasia Velicescu| "Congress shall make no law... abridging the freedom of speech, or of the press; or the right of people to peacefully assemble, and to petition the Government for a redress of grievances." "I'll say whatever the fuck I want!" Press Against Government New York Times Co v. USA 1971 | 6-3 in favor of the New York Times ACTIVITY #1: Freedom of press Break up into your presentation groups and read the articles from recent issues of Tiger.
Identify the five w's (who, what, when, where, and why) for each article. Name any people quoted. - Pentagon Papers
- To prevent a newspaper from running a story, government must show that it would cause "grave and irreparable danger." What were the Pentagon Papers? Defense department -- secret history of the Vietnam War New York Times Co v. Sullivan 1964 | 9-0 in favor of the New York Times - actual malice
- Newspapers are protected from libel suits unless they knowingly or recklessly disregard the truth Libel and Actual Malice libel - stated as truth, negative implication
actual malice - published with disregard for truth ACTIVITY #2: Actual Malice Which of the following statements regarding recent events could be considered libelous? New York v. USA and Watergate June 16, 1972 - tape found on door of Democratic headquarters
Washington Post was able to investigate and run the story. Schenck v. United States Individual Speech Against Government Gitlow v. New York - clear and present danger
- The Fourteenth Amendment prohibits states from limiting free speech, unless it presents clear and present danger to the government. 1925 | 7-2 in favor of Gitlow Tinker v. Des Moines 1968 | 7-2 in favor of Tinker - Schools cannot punish students for protesting unless they are disrupting the educational atmosphere Mary Beth and John Tinker 1919 | 9-0 in favor of the United States - clear and present danger
- Freedom of speech to does not extend to situations that create "clear and present danger" for the United States armed forces. Clear and present danger test Places limitations on free speech in instances
that could endanger the public. Hazelwood v. Kuhlmeir 1988 | 5-3 in favor of Hazelwood ACTIVITY #3: high school censorship Write a three sentence statement regarding your views on abortion. "A school need not tolerate student speech that is inconsistent with its basic educational mission, even though the government could not censor similar speech outside the school." President Barack Obama has a criminal record related to the 9/11 attacks. Principal Janet Anderson is believed to be responsible for the recent break-in to the high school office, according to an anonymous source at the SPPD. Amanda Bynes's Twitter meltdown is due to drug usage. Daniel Tosh is a sexist comedian. Jerry Sandusky has been found guilty of sexual assualt. He is a sex offender. Individual Free Speech 1942 | 9-0 in favor of New Hampshire Chaplinsky v. New Hampshire - fighting words
- using speech to cause a breach in the peace can constitutionally result in legal arrest and/or fines Fighting Words Doctrine - written or spoken words used to incite hatred or violence from a target
"It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality." Brandenburg v. Ohio 1969 | 8-0 in favor of Brandenburg - imminent lawless action
- symbolic speech
- The government cannot constitutionally punish advocacy of force or law violation. Symbolic Speech: taking action against a symbol in order to protest what it stands for Imminent Lawless Action: speech can advocate violence unless violence is both imminent and likely Justice William O. Douglass and Symbolic Speech - clarified "clear and present danger" Miller v. California 1973 | 5-4 in favor of Miller - obscenity
- Sale and distribution of obscene material are not protected under the first amendment. The Miller Test 1. whether the average person, applying contemporary community standards, would find that the work appeals to the prurient interest
2. whether the work depicts or describes, in a patently offensive way, sexual conduct
3. whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value The Court designed three tests to limit regulation... Texas v. Johnson 1989 | 5-4 in favor of Johnson - Any state law that criminalizes burning the American flag is violation of the First Amendment.
- Flag burning is protected symbolic speech Freedom of Speech in Modern Day America BANNED BOOKS Catcher in the Rye by J.D. Salinger Challenges include Holden's frequent use of
undermining of family values and moral codes
Holden's being a poor role model
encouragement of rebellion
and promotion of drinking, smoking, lying, and promiscuity. Looking for Alaska by John Green Censorship in modern music "I Write Sins Not Tragedies" by Panic! At The Disco When this song is played on most radio stations, the word "god" is censored out of the chorus, but "damn" is not. offensive "Fuck You" by Lily Allen The radio edit of this song uses "humorous" sound effects like a horse's whinny and a pig snorting instead of cursing. explicit "Picture to Burn" by Taylor Swift In Swift's original version, the line at the end of this verse is "That's fine. I'll tell mine you're gay."
There is no studio
version available on
iTunes. not p.c. "S&M" by Rihanna The radio edit of this song contains almost no changes. good to go! Discussion Questions - Censorship 1. What do you believe should be censored material? Should anything be censored? Think music, books, film, etc.
2. Given that America has a societal taboo against discussing sex in public and explicitly on screen, why do you think that many songs and books about sex go uncensored?
3. Should children grow up with exposure to explicit language, violence, and sex? Whose job is it to make that decision for a child? Banned for...
"gateway sexual activity"
frequent use drugs and alcohol
depiction of depression
encouragement of rebellion/ breaking school rules School spokesman Jeremy Johnson said it was okay to ban it because it wasn't a classic. The Grapes of Wrath by John Steinbeck Banned for...
exaggeration to make a political point
libeling and lying about the conditions on Californian farms And now we need a volunteer... 50 Shades of Grey by E.L. James