Transcript Legal Controls

Legal Controls and
Freedom of
Expression
Chapter 14
“(T)here’s always been a tension between the
notion of free expression and the idea that some
expression (such as sexually explicit words or
images) should perhaps be prohibited, or
censored. Many people have wondered what free
expression really means.”
A Closer Look at the First
Amendment
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1644
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1788
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U.S. Constitution ratified without protections for
free press
1791
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John Milton was the first to defend the rights of a
free press in Areopagitica.
Bill of Rights ratified with 10 amendments
1798
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Sedition Act passed to silence war opposition
Four Interpretations of Free
Expression
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Authoritarian model
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Government censorship of “threatening”
expression
State or Communist model
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Government controls press, which serves
goals of the state
Modern examples: Myanmar (Burma), China,
Cuba, North Korea
Four Interpretations of Free
Expression (cont.)
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Social responsibility model
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Captures ideals of mainstream journalism in U.S.
Press functions as a Fourth Estate, or unofficial
branch of government
Libertarian model
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No restrictions on mass media or freedom of
speech
Encourages vigorous criticism of government
Prior Restraint
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Legal definition of censorship
Government cannot block publication or
speech before it occurs
Two cases tested limits
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Pentagon Papers
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Supreme Court allows newspapers to publish
secret documents.
The Progressive
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Justice Warren blocks paper from printing H-bomb
“how-to” guide.
Unprotected Forms of
Expression
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Sedition
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Schenck v. United States established “clear and
present danger” criterion for expression
Copyright infringement
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Legally protects rights of authors and producers
to their published or unpublished works
Public domain gives public free access once
copyright has expired
Copyright lobby pressures lawmakers to
criminalize infringement
Unprotected Forms of
Expression (cont.)
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Libel
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Defamation of someone’s character in written or
broadcast form
Contrast “slander,” or spoken defamation
Actual malice: knowingly printing or broadcasting
a statement known to be false
Defenses
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Truth, opinion, satire
Unprotected Forms of
Expression (cont.)
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Obscenity
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Definitions change over time.
Miller v. California established current definition
Violation of privacy rights
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Person has right to be left alone, without name,
image, or daily activities becoming public property
Electronic Communications Privacy Act of 1986
and USA PATRIOT Act have weakened laws
Do Not Track Me Online Act proposed, 2011
First Amendment vs. Sixth
Amendment
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Gag orders
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Shield laws
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Prohibit press from releasing information or giving
commentary that might cause unfair trial
Considered prior-restraint violation of First
Amendment
Reporters don’t have to reveal sources used in
news stories; no federal shield law
Cameras in the courtroom
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Each state may implement own system
First Amendment and Film
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Citizens and lawmakers
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Film Review Boards
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Federal government regulates boxing movies
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State and local boards control film
Reflected racial attitudes
Film not protected by First Amendment
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Mutual v. Ohio decision
Movie Industry Regulates Self
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The Motion Picture Production Code
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No picture can lower moral standards.
Burstyn v. Wilson placed movies on same footing
as books in terms of First Amendment
MPAA Rating System
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Established in response to public concerns over
sexual language and imagery in movies
Regulating Broadcast Signals
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Red Lion v. FCC (1969)
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Radio broadcasters’ responsibilities to public
interest outweigh rights to choose programming.
Miami Herald Publishing v. Tornillo (1974)
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Supreme Court ruled the right-to-reply law is
unconstitutional for newspapers
Indecency
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1937
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Mae West is banned from radio for “indecent
speech”
1970s
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Radios stations lose licenses for broadcasting
“topless radio”
FCC v. Pacifica Foundation bans indecent
programs between 6:00 a.m.. and 10:00 p.m.
Political Coverage
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Section 315
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Stations must provide equal opportunity for
response and counter.
Only applies to broadcast
Fairness Doctrine
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Required stations to offer balancing opinions
on controversial issues
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Ended smoking ads
No longer in effect
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May contribute to polarization, but also allows
more views
Communication Policy and the
Internet
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Internet unregulated by government
Not subject to Communications Act of 1934
Currently serves as democratic forum for
regional, national, global interest groups
Debates continue about regulation
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Civility, pornography, government surveillance
The First Amendment in a
Democratic Society
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News media play an important role
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Citizens must share watchdog role
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Expose government abuse
Journalism is difficult in corporate age
Challenge government and business
Take part in debates
Wikileaks raises troubling questions
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When does secrecy serve public?