Journ 1100 1st Edition Lecture 24Outline of Last Lecture I. First AmendmentII. NY Times vs. SullivanIII. Important Conceptsa. Prior restraintb. Seditionc. Defamationd. Libele. Actual maliceIV. What ethical principles apply to libel?V. Virtual realities?VI. Code of Ethicsa. SPJ Code of Ethicsb. 9 steps with ethical decisionsc. St. Louis news story at Kirkwood elementaryOutline of Current Lecture I. Congresses Regulation of the Pressa. Schenck vs. U.S.b. 14th Amendmentc. Gitlow vs. New York d. Red Scaree. Yates vs. U.S.f. Brandenberg vs. OhioII. Difference between Advocacy and Incitement?III. New York Times vs. SullivanIV. Libel LawV. Prior RestraintVI. Pentagon PapersCurrent LectureI. Congresses Regulation of the Press“Congress shall make no law…”- Congress started regulating the press almost as soon as we became a nation These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Alien & Sedition Act (1798) criminalized criticism of the government- Sedition: “crime of revolting or inciting revolt against the government. Under 1st amendment doctrine, it is rare but sedition remains in U.S. criminal code”- The law died off but came back again in WWI- Schenck vs. U.S. (1919)- “Whether the words are used in circumstances related to creating a clear & present danger that will bring substantive evils that U.S. congress has the right to prevent (can’t interfere with war)- 14th Amendment- extended federal protection of individual liberties to state governments (state had to follow federal law)- Gitlow vs. New York (1925)- Supreme Court ruled the 1st Amendment applies to state and local laws- Red Scare- New sedition laws after WWII targeted suspected Communist sympathizers- Yates vs. U.S. (1957)- Supreme Court raised bar, ruling that speech must advocate specific violent overthrow of the government to be unconstitutional - Brandenberg vs. Ohio (1969)- Brandenberg was a KKK leader- Raised bar more saying that Advocacy of unlawful conduct is allowed- Speech incited “imminent lawless action” is unconstitutionalII. Difference between Advocacy and Incitement?Speaking and actually doing something are two very different thingsIII. New York Times vs. Sullivan- Civil rights & libel case- Supreme court applied 1st amendment to libel law for 1st time- Case is a study of civil rights movement - Featured a political ad, not a news article- Established “actual malice” standard with public officialsCase Summary: In Montgomery, Alabama, after students sang “My Country, Tis of Thee” on State Capitol steps, leaders were expelled from school. Trucks of police with shotguns & tear gas stormed Alabama State College Campus. Entire student body protested to state authorities with refusal to register. The dining hall was padlocked in attempt to starve students to submission. Supporters of civil rights bought ad in NY Times criticizing police action in Montgomery. Some inaccurate info was in the ad. Lawsuit was viewed as a way to prevent coverage of civil rights movements in the south. These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.IV. Libel LawAll libel plaintiffs must prove…- Defamatory statement was made- Defamatory statement is false- Defamatory statement is about (“of and concerning”) the plaintiff- Defamatory statement was published with essential degree of faultPublic officials must prove…- Actual malice, either:- Defendant knew the statement was false- OR defendant had serious doubts about the statement’s truthPrivate officials must prove…- Varies by state…- Minimum standard: defendant was negligent, or less careful than a journalist would expect- For private individuals of “public concern” some states have a gross negligence standard- State laws vary depending on who is a public official, private individual of public concern or a private individualV. Prior Restraint- “Government prohibition of speech in advance of publication”VI. Pentagon Papers- New York Times vs. U.S. (1971) made it clear that prior restraint would be incredibly rare - Limits on free speech began to emerge in the case law that followed These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a