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| the power of the government to prevent the publication or broadcast of expression |
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Insisted on controlling everything. Though that the press belongs to those in powers. Printers had to have royal permission before setting up shop
- in the 17th century england abolished licensing laws but they remained in the colonies |
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| forbade any printing without a government license |
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Trial of 1734-35
Changed the terms under which someone could be held guilty of libel
- Argued that mere assertion of libel without PROOF was insufficent to put a printer in jail
-Revealed popular support in the colonies for freedom of expression and laid the foundation for establishing freedom of the press in the Bill of Rights.
- Established the right of citizens to criticize government officials (Est. the basis for freedom of the press) |
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Congress shall make no law...abridging the freedom of speech or of the press
-In 1952 the Supreme Court ruled that movies and media entertainment were freedoms of expressions |
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not protected by the first amendment
- the false and malicious publication of material that damages a person's reputation (usually applies to print media) |
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not protected by the first amendment
- oral or spoken defamation of a person's character and is usually applied to broadcasting |
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New York Times v. Sullivan
landmark 1964 case |
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| Revolutionized libel law, shifting most of the burden of proof from the defendant onto the plaintiff in actions involving the news media nad growing out of discussion of public policy |
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| The New York Times v. Sullivan case established that in order to prove a libel case, INDIVIDUALS have to prove 3 things: |
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1. Public statement about them was false
2. That damages or injury occured--loss of job, reputation, public humiliation
3. The publisher or broadcaster was negligent
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| The New York Times v. Sullivan case established that in order to prove a libel case, PUBLIC FIGURES have to prove what additional point? |
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all 3 things plus
ACTUAL MALICE
- that the editor or reporter new that the statement was false and printed or broadcast it anyway or showed a "reckless disreagard" for whether the statement was false
It is hard for public figures to win libel--we have more protection |
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| The Supreme Court declared that movies were protected |
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CBS v. Democratic National Committee
(1973) |
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| decided that "the press" included TV and radio |
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| The Court ruled that the first amendment applies equally to entertainment and non-entertainment content |
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Est. the Brandenburg exception or Brandenburg standard for restricting free speech:
Exceptions:
1. Plaintiffs must prove that the speech was intended to produce imminent lawless actions
2. Was likely to produce such action
3. That the producers of the speech knew that the speech was indeed likely to produce such behavior |
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Talked about difficulties and mistakes with the war. Nixon had them stamped top secret. Ellsworth felt that the people had the right to know what was going on so he leaked the papers to the NY Times. Nixon got a restraint against them publishing the papers. Court ruled against the restraint
AFFIRMED THAT WE DO NOT HAVE PRIOR RESTRAINT IN THE US |
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| Hustler Magazine v. Jeremy Fabwell |
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- Featured articles about men's first time drinking Campary
- Fabwell said his first time was with him mom and the magazine made it sound really dirty
- He sued and won
- Larry Flint took it to the Supreme Court and won |
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Intention was to criticize media violence and show how the media makes heros out of violent killers, but it did the opposite.
In 1995 man and women dropped acid tablets and went about killing people
Oliver Stone was subjected to product liability but it went nowhere and was thrown out of court on grounds of the first amendment |
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