Freedom of Speech and
Press
The Big Idea
While the 1st and 14th Amendments gives
Americans the right to express ideas freely,
the Constitution and the Supreme Court have
put some limits on free speech
Protected by the Constitution
● right to speak freely
● right to hear what others have
to say
● symbolic speech
● picketing
Not Protected by the Constitution
●
●
●
●
●
libel
slander
seditious speech
obscenity
reporters’ sources
The Obscenity Test
One of the gray areas involving free speech and free press involves
obscenity. The Miller v. California (1973), the Supreme Court laid
out a three part test to determine obscenity.
1. Would the average person find that it tends to excite lust?
2. Does it depict in an offensive way sexual conduct that is
specifically dealt with in an anti-obscenity law?
3. Does it lack any real literary, artistic, political, or scientific
value.
Wrist a paragraph in which you evaluate the fairness and
effectiveness of this test.
https://www.aclu.org/issues/free-speech#current
http://www.annenbergclassroom.org/files/documents/lessonplans/freespeec
hlessonplan.pdf
http://www.pbs.org/newshour/extra/lessons_plans/the-dilemma-ofprotecting-free-speech/
The Free Exchange of Ideas
Two fundamentally important purposes:
to guarantee to The
each
person
Right
to havea right of free
yourspoke
say andand
the the written word
expression in the
to hear what
to guarantee to right
all personas
a full, wide-ranging
others have to say.
discussion of public affairs.
In the 1st and 14th Amendments
First...
false
and
The guarantees of free speech and presstheare
intended
to
malisious
protect the expression of unpopular views
use of
Second…
spoken word
some forms of expression are not protected by the constitution
reasonable restrictions
No person has the right to libel or slander another
false and malicious
use of printed
words
What else doesn’t qualify?
the use of obscene words
the printing and distributing of obscene materials
false advertising
words that prompt others to commit a crime
http://www.cnn.com/2015/06/01/politics/su
preme-court-elonis-facebook-ruling/
Obscenity...Who decides
There is a 3-part test to determine what material is obscene
1. “thelanguage
average person
What
andapplying
imagescontemporary
in printedcommunity
matter,
standards” finds that the work, taken as a whole, appeals to
films,
and other materials are, in fact
the prurient interest” --that is tends to excite lust
2.obscene?
“the work depicts or describes, in a patently offensive way” a
formrestrictions
of sexual conduct
dealt with
in anon
anti
What
canspecifically
be properly
placed
obscenity law
such
materials?
3. “the work, taken as a whole, lacks serious literary, artistic,
political, or scientific value.”
Symbolic Speech
expression by conduct
the conduct expresses an opinion
Symbolic Speech
So what is an example of this?
Picketing is a perfect example
What is not protected
burning draft cards
it is whiting the constitutional power of the gov
Tinker vs. Des Moines
Flag Burning
Burning the American Flag is protected
is an act of political protest
It has been upheld twice by the Supreme Court
What do you think?????
Press
The media is very important in maintaining a free society
So how can this be regulated?
Many reporters believe they have to right
to refuse to testify
protect their sources
Shield Laws
about 30 states have passed these
gives reporters some protection against having to disclose their
sources or reveal other confidential information in legal
proceeding
Do reporters have to have this freedom to do their job????
http://www.nytimes.com/2005/07/07/politics/reporter-jailed-afterrefusing-to-name-source.html?_r=0