Text Congress shall make no law abridging the freedom of speech or of the press 11 4 12 1st AMENDMENT JOURNALISM Midterm Review o Constitution 1787 o Ratified 1788 o Bill of Rights first 10 amendments 1791 Exceptions o No Constitutional Protection Child Porn exception to the exception virtual child porn Obscenity EG Cohen v California Miller Test Prurient Offensive sexual conduct SLAPS Serious Literary Artistic Political Scientific value Restrictions controlled by city community zoning laws National Security EG Near v Minnesota Gov can prevent speech that immediately and directly threatens NS Lawlessness EG Schenk vs US Feiner vs NY Brandenburg vs Ohio Precedent for prohibition to falsely shout Fire in crowded theater Creates clear and present danger o Limited Constitutional Protection claims advertisements Commercial speech EG selling of illegal substances false misleading Defamation EG libel written or slander spoken intentional falsehood that damages reputation Speech perceived harmful to children EG broadcast radio TV violent video games non regulationable Speech by of children EG Tinker v Des Moines Time Place Manner Free Speech Zones EG restrictions must be content neutral narrowly tailored to serve gov interest provide alternatives Symbolic speech EG burning flag allowed burning Vietnam War draft cards prohibited Contract EG employer employee violation of contract ticket purchase A Brief History of our Rights to Freedom of Speech and Press England to consequences 13 Colonies Constitution taken away o Pre 1700 s Publishers required gov license o 1712 Stamp Act Publishers taxed o Mid 1700 s No license or tax no restraints on press or speech but still subject o People used protection from unrestrained power of fed gov as given by o Patrick Henry Freedom of press speech leaves room for lack of protection of civil rights Power to gov is good as long as it protects general public o James Wilson Unlimited freedom of speech press what rights could possibly be Subject Monarch Magna Carta Declaration of Independence Bill of Rights People Constitution surrender nothing Hamilton Debate on a Constitutional Provision for Liberty of the Press Public opinion and spirit of the people determined by majority vote no need for BOR Jefferson A Noble Experiment Spirit of people informed by newspaper media no need for vote bc minority rights must be protected Democratic society regulates itself only when media can state their opinions of gov Madison The Danger of Tampering with Liberty of the Press Abuse by press inevitable better to have some falsehood with the truth than to have no truth at all Alien Sedition Acts 1798 4 Bills passed by Federalists post French Revolution President John Adams intended to suppress the Democratic Republican Party negative response to which contributed to the 1800 DR victory o Naturalization Act extended duration of residence required for aliens to become o Alien Act authorized pres to imprison or deport resident alien considered o Alien Enemies Act authorized pres to arrest and deport resident alien if his her citizens of US 5 14 years dangerous to peace and safety of US home country is at war with US o Sedition Act crime to publish false scandalous and malicious writing against gov or certain officials terminated one day before JA s term ended Reactions o Over 10 convictions in total o TJ pardoned those still serving used Acts to prosecute others o Acts never appealed to Supreme Court right of judicial review only began in 1803 A Proposed Law language taken from Sedition Act Publicize in writing false scandalous malicious info against US or gov convicted and fined imprisoned for X years CENSORSHIP Blackstone British judge Previous Restraint Prior Restraint censorship imposed on expression before expression occurs o EG art movie publication document license required by KING Right to not be punished for speaking writing the truth provided o Good motives o Justifiable ends VS US no license required Minority Belief Opinion Mill Liberty of Thought and Discussion British philosopher 18th century o Could be true o Could be false o Usually both opinions contain some truth neither is 100 true all the time Conventional Wisdom can be folly EG the world is flat Suppression of Truth o Evil o Causes prejudice and people to listen to only the voiced opinion o Should be expressed but not in a mischievous or harmful way or should not incite violence and in moderation Actions Nikki Craft Goals o Promote knowledge and awareness of violent pornography bc there is causation between VP and murders rapes assaults etc o Confront corporations about their source of profit o Pressure corporations into corporate responsibility Actions o Destroyed magazines o Boycotted stores o Powerpoint slideshow PR talks o Protested and pressured advertisers to stop supporting magazines o Rape Manual stickers o Rallied with victims present and speaking o Shareholders in meeting protests o Wrote in chalk on sidewalk EVOLUTION of MEDIA late 17th 19th Century Starr America s First Info Revolution Contributions to Information Revolution in America o Postal Service Postal Act 1792 Congress creates postal routes Colonies begin to expand westward more office crop up 4th Amendment Privacy ensured warrant required o Modern Census o Education Literacy Provided services for people more Congress representatives around so they accurately represent number of people per state etc Land grants gov provides land for schools etc No central control over curriculum from DC or state capitals Women become more educated and can potentially educate their children Language of common schools education English not Latin reserved for upper class instruction o Newspapers Politics Jefferson Madison advertisements Economics Removal of Stamp Tax Advertisements Gov subsidies Free exchange of papers among postal offices bc people moved around and often during Colonial Era so method needed to spread national news nationally Newspapers shipped through mail for cheap o Written Constitution If gov wants people to be democratic the people have to know what is going on in the gov o Privacy OBJECTIVITY Campbell The Clash of Paradigms 1897 Journalism of Action o Hearst publisher in charge of distribution CEO business type o The New York Journal AJ is NOT Yellow Journalism Exaggerate stretch truth to get juicier story Sensationalistic big headlines Tabloids intentionally provocative AJ Writer makes himself and paper part of story Cisneros