University:
Bradley University
Course:
PLS 207 | Introduction to Political Though
Academic year:

2024
Views:

319

Pages:

10
Author:

segolhandworked

Freedom of Speech and Press Chapter 19 Section 3 The Free Exchange of Ideas Freedom of Speech and Freedom of Press guarantees are meant to: • Protect each person’s right of free expression, whether spoken, written, or communicated in any other way. • Protect all persons’ right to a complete discussion of public affairs. • • • • Freedom of Speech and Press do not protect: Libel, the false and malicious use of written words Slander, the false and malicious use spoken words Obscenity Words that incite others to commit crimes Seditious Speech Sedition is the crime of attempting to overthrow the government by force, or to disrupt its lawful activities by violent acts. Seditious speech is speech that urges such conduct. • Congress has enacted 3 major laws to prevent sedition and seditious speech: 1. The Alien and Sedition Act- scandalous or false criticism of gov’t illegal. (ended 1801) 2. The Sedition Act of 1917 - a crime to encourage disloyalty or spread anti-gov’t ideas during times of crisis. Upheld by the SC in instances of “clear and present danger.” 3. The Smith Act of 1940—can’t advocate violent overthrow of the gov’t, & belonging knowingly to any group that does. The SC has modified it so that it is difficult to enforce. Obscenity Obscenity laws are enforced under the postal power (Article I, Section 8, Clause 7 of the Constitution). Obscenity Test laid out in Miller v. California, 1973 Obscenity Test 1) The average person finds that the work appeals to “prurient interests” judging from contemporary standards. 2) The work describes offensive sexual conduct that is specifically outlawed as obscene. 3) The work lacks serious value of any variety The Media Confidentiality: Since SC found that the Constitution does not allow members of the news media to keep their sources confidential in a court of law, 30 states have passed shield laws to give reporters some protection against having to reveal their sources. Motion Pictures: the SC holds that motion pictures are a form of expression, and protected under the freedom of expression guarantees. Both Radio and Television Media are subject to more government regulation than other forms of expression because they are transmitted by “public airwaves.” Symbolic Speech • Symbolic speech is expression by conduct. • Picketing, the patrolling of a business site by workers on strike, is a prevalent form of symbolic speech. • SC rulings show that the blanket of symbolic speech covers only so much. It does not cover destroying draft cards but it does encompass flag burning. Commercial Speech • Commercial Speech is speech for business purposes, usually advertising. • In a handful of decisions in the 1970s, the Court held that advertising was protected, by the 1st and 14th amendments, but not without exceptions. • Exceptions include: barring false and misleading advertisement, advertising illegal goods or services, and the promotion of tobacco products on the radio or television.

False and Malicious Use of Spoken Words

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