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FSU MMC 2000 - The First Amendment II

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1st amendment protectionWhat protected by 1st amendment?Print and news are assumed.1942: Ads (Valentine v. Christensen)1952: Films (Burstyn v. Wilson)1967: End content in general (as opposed to news)1973: Tv and radio (CBS v Democratic National Committee)1997: Internet (Reno v. ACLU)What is not protected by 1st amendment?Speech creating a “ clear and present danger” (Schenck v US,1919)For example yelling bomb in a public placeSpeech that might limit one’s chance for a fair trialSpeech that is libelous of slanderousDeformation (damage to one’s character)Speech that the government wants to preventProtest that lends to government overthrowEx: pentagon papersHow to build a bombFree Press FoundationThe press = protectionThis was not an issue before the 17th cent.The press had contracts with government and churchJohn Milton – self righting principlePhilosophical basis for 1st amendmentCommunication Act of 1934 which requires broadcasters to act in “Public Interest”Why is free press crucial in democracy?Press as 4th estatePublic informed to participate in governmentProtect people from governmentFree Press FoundationSocial Responsibility Theory –Not a law, but a suggestion of how things ideally should be, given the special protection afforded the pressBut, the press is also a business.MMC 2000 Lecture 4 Outline of Last Lecture I. Cont. Media in Fluxa. Convergenceb. Audience fragmentationc. Globalization II. 1st Amendment Outline of Current Lecture III. Cont. of the 1st amendment Current Lecture← 1st amendment protection ← What protected by 1st amendment?- Print and news are assumed. - 1942: Ads (Valentine v. Christensen)- 1952: Films (Burstyn v. Wilson)- 1967: End content in general (as opposed to news)- 1973: Tv and radio (CBS v Democratic National Committee)- 1997: Internet (Reno v. ACLU) ← What is not protected by 1st amendment?- Speech creating a “ clear and present danger” (Schenck v US,1919)o For example yelling bomb in a public place- Speech that might limit one’s chance for a fair trial - Speech that is libelous of slanderous o Deformation (damage to one’s character)For example: Calling your ex “#$)(%&!” at their work place therefore damaging her character at work.- Speech that the government wants to prevent o Protest that lends to government overthrowo Ex: pentagon paperso How to build a bombFree Press Foundation - The press = protection o This was not an issue before the 17th cent. o The press had contracts with government and church o John Milton – self righting principle Philosophical basis for 1st amendment Communication Act of 1934 which requires broadcasters to actin “Public Interest” ← Why is free press crucial in democracy? - Press as 4th estate- Public informed to participate in government- Protect people from government←← Free Press Foundation - Social Responsibility Theory – o Not a law, but a suggestion of how things ideally should be, given the special protection afforded the press But, the press is also a


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FSU MMC 2000 - The First Amendment II

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