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.” https://www.youtube.com/watch?v=s9Cm5ocVXkU

Bill of Rights/Amendments to the U.S. Constitution

http://news.rapgenius.com/United-states-congress-the-us constitution-bill-of-rights-annotated#note-305379

United States Patriot Act

http://www.justice.gov/archive/ll/highlights.htm

http://www.businessinsider.com/patriot-act-author-nsa-abused-its-power-2013-9

A Closer Look at the First Amendment

 1644  John Milton was the first to defend the rights of a free press in

Areopagitica.

 1788  U.S. Constitution ratified without protections for free press  1791  Bill of Rights ratified with 10 amendments  1798  Sedition Act passed to silence war opposition

Four Interpretations of Free Expression

 Authoritarian model  Government censorship of “threatening” expression  State or Communist model   Government controls press, which serves goals of the state Modern examples: Myanmar (Burma), China, Cuba, North Korea

Four Interpretations of Free Expression

(cont.)

 Social responsibility model   Captures ideals of mainstream journalism in U.S.

Press functions as a Fourth Estate, or unofficial branch of government  Libertarian model  No restrictions on mass media or freedom of speech  Encourages vigorous criticism of government



Prior Restraint

Legal definition of censorship  Government cannot block publication or speech before it occurs   Two cases tested limits 

Pentagon Papers

 Supreme Court allows newspapers to publish secret documents.

 The

Progressive

 Justice Warren blocks paper from printing H-bomb “how-to” guide.

https://www.youtube.com/watch?v=4MDjZi154MQ

Unprotected Forms of Expression

 Sedition 

Schenck v. United States

established “clear and present danger” criterion for expression  Copyright infringement  Legally protects rights of authors and producers to their published or unpublished works  Public domain gives public free access once copyright has expired  Copyright lobby pressures lawmakers to criminalize infringement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.)

 Libel   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  Truth, opinion, satire

Unprotected Forms of Expression

(cont.)

 Obscenity   Definitions change over time.

Miller v. California

established current definition  Violation of privacy rights    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

 Gag orders   Prohibit press from releasing information or giving commentary that might cause unfair trial Considered prior-restraint violation of First Amendment  Shield laws  Reporters don’t have to reveal sources used in news stories; no federal shield law  Cameras in the courtroom  Each state may implement own system

First Amendment and Film

 Citizens and lawmakers    Film Review Boards  State and local boards control film Federal government regulates boxing movies  Reflected racial attitudes Film not protected by First Amendment 

Mutual v. Ohio

decision

Movie Industry Regulates Self

 The Motion Picture Production Code   No picture can lower moral standards.

Burstyn v. Wilson

placed movies on same footing as books in terms of First Amendment  MPAA Rating System  Established in response to public concerns over sexual language and imagery in movies

Regulating Broadcast Signals



Red Lion v. FCC

(1969)  Radio broadcasters’ responsibilities to public interest outweigh rights to choose programming.



Miami Herald Publishing v. Tornillo

(1974)  Supreme Court ruled the right-to-reply law is unconstitutional for newspapers

Indecency

 1937  Mae West is banned from radio for “indecent speech”  1970s   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

 Section 315   Stations must provide equal opportunity for response and counter.

Only applies to broadcast  Fairness Doctrine   Required stations to offer balancing opinions on controversial issues  Ended smoking ads No longer in effect  May contribute to polarization, but also allows more views

Communication Policy and the Internet

 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  Civility, pornography, government surveillance

The First Amendment in a Democratic Society

 News media play an important role  Expose government abuse  Journalism is difficult in corporate age  Citizens must share watchdog role  Challenge government and business  Take part in debates  Wikileaks raises troubling questions  When does secrecy serve public?