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| New York Times vs. Sullivan 1964 |
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| Supreme Court overturns decision—establishes additional test of “malice” to determine of attack on political candidates is justified. |
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| Curtis Publishing Company v. Butts |
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| Establishes that in addition to statements being both false and harmful, malice must also be proven with regards to public figures as well as public officials. |
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| Private individuals have more of a compelling case than public officials. |
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| can refer to the specific chronological date, time, or period when an utterance is made or events occur. |
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| refers to the forum or site of the expression—in plain terms the location. |
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| refers to the medium, the means by which the expression occurs, whether through expressive conduct, words, or use of symbols. |
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| Massachusetts can issue permits for religious expression.Can forbid public speaking on a highway. |
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| Authorities can take steps to keep streets clear of traffic.But handing out pamphlets on a sidewalk is okay, and concern for littering is not a justification for preventing it. |
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| Reasonable time, place, and manner restrictions are upheld if... |
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They are justified without reference to the content of the regulated speech.
They are narrowly tailored to serve a significant government interest and
They leave open ample alternative channels for communication of the information.
Established in Grayned v City of Rockford, 1971. |
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| the things that create meaning—an arbitrary representation of something else. Eg, house in English and casa in Spanish mean the thing. |
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| Anybody convicted of displaying a red flag could be convicted of a felony.Supreme Court overturned conviction—said could prohibit any free expression. |
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| West Virginia State Board of Education vs. Barnette |
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| JW refused to pledge allegiance.Cannot be forced to utter pledge |
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Draft card burning is not protected as it violates governments ability to function.
Has identification on it.
Government can legislate, there is a government interest, and regulation is unrelated to symbolic expression. |
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American flag burned with Kerosene.
This expression was ruled constitutional, in that it did not cause disorder. |
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| Communications Decency Act |
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| banned online transmission of indecent communications to minors. |
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| Communications Act of 1934 |
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| partly in response to chaotic situation with Radio in the 1920s |
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| Fairnes Doctrine established in Red Lion Broadcasting co vs. FCC |
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| the Commission [FCC] is not powerless to insist that they give adequate and fair attention to public issues |
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| FCC Issues Fairness Report with Four Concerns of the Fairness Doctrine |
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It could make stations shy away from covering controversial issues.
The number of cable and radio outlets was beginning to proliferate. |
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Action for Children’s Television vs. FCC—established hours where indecency banned.
Fleeting expletives doctrine
Reno vs. ACLU
Ruled cyberspace not as invasive |
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| Freedom of Information Act |
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| Despite the Act, Government still limits information—even in signing it, President Lyndon Johnson noted that the law “in no way impairs the President’s power under our Constitution to provide for confidentiality when you national interest requires it.” |
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| The First Amendment does not accord access to all information in all circumstances. “Media have no special right of access to the Alameda County Jail different from or greater than that accorded the public generally” |
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| Exemptions to Freedom of Information Act |
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National defense and foreign relations
Law enforcement investigations
Commercial and proprietary interests
Personal privacy |
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Should Journalists have to reveal sources.
Judith Miller jailed for 85 days for refusing to disclose information
Journalist privilege exempts a class of persons from the obligation to testify. |
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| Richmond Newspapers v. Virginia |
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Establishes that criminal trials may be open; and civil trials are closed.
That is why there was coverage later on of OJ criminal trial—but not civil trial. |
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| Most Nations Protect Freedom of speech—but restrictions more specific than US to varying degrees. |
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| Factors Affecting Free Speech |
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Checks and Balances (when one party has all of the power, free expression dissipates—eg, Putin in Russia, Castrista regime in Cuba, Pakistan, Zimbabwe).
Freedom of expression denied at will—eg Burma, China, Cuba, Eritrea have extensive records of imprisoning journalists. |
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| Cultural Values and Free Expression Rights |
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Promoting human dignity—Hate Speech and Defamation
Considering Morality and Sexually Explicit messages.
Adapting to Religious Doctrines and Beliefs—Theocracy as in S Arabia and Iran. . .
Protecting Religious Sensitivities
Protecting National Security
Use of technology to circumvent restrictions (Iran elections aftermath). |
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