“Congress shall make no law
respecting an establishment of
religion, or prohibiting the free
exercise thereof; or abridging the
freedom of speech, or of the press;
or the right of the people peaceably
to assemble, and to petition the
government for a redress of
grievances.”
Freedom to Peitition, Freedom of
the Press
and Prior Restraint
Freedom to Petition (petition, redress,
grievances, advocacy)
• You can petition President, Congress, supreme
Court, legislature, mayor, etc
• Why?: unresolved problem, provide information,
expose corruption, vent, to be HEARD
• Forms: Letters, email, petitions, testifying,
lawsuits, lobbying
• Instrument of mass politics; unite individuals,
overwhelm opposition
• Lobbying: paid representative of a corporation or
organization (must register with government)
Advocacy: Tool of Mass Politics
• Advocacy skills provide effective ways for
citizens to participate in making laws.
• Advocates have the ability to change rules,
decisions, laws and ordinances to solve
community problems. Political advocacy
challenges people to solve problems through
public policy.
What is the role of free press in a
democracy?
• “Congress shall make no law respecting
abridging the freedom of the press:
• 1st Amend. Prohibits censorship by the
government before publication
• Right to publish facts, ideas, opinions without
interference of government
• Censorship is the opposite of freedom of press
War makes this tense
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Government often criticizes media
Too much information can harm war effort,
During World War I… “loose lips sink ships”
During Vietnam War, government tried to
prevent printing of The Pentagon Papers
because 1st Amend prohibits censorship by
government before publication, even if it
threatens national security
Purpose in a Democracy
• People vote.. So citizens must be infomred
• Authority flows from the people.. So the public has a
right to know
• To be informed, all sides of the issue.. So there must be
a free exchange
• Governments tend to abuse their power.. So the press
checks the power of government
• Consent of the governed… so citizens need information
• Representative government. So officials must be able
to communicate to people
Limits to free press
1. Libel- false information that harms a person’s
reputation
2. Privacy- invade a person’s privacy
3. Sedition- urge people to overthrow the U.S.
government
4. Treason- commit an overt act against the US
5. Obscenity- corrupt the morals of people
Landmark cases
•
Schenck v United States, 1919
speech had to present “clear and present danger” to suppress it
• New York Times v. Sullivan, 1964
Newspaper cannot be punished for printing the truth about issues of public
concern.
• New York Times v. U.S. 1971
“Pentagon Papers”- revealed President deceived Congress and people regarding
Vietnam War. Government cannot prevent a
story (no prior
restraint)
• Red Lion Broadcasting v. FCC, 1969
Government can regulate television- FCC- “Fairness Doctrine”. If person
attacked on TV, must get equal time to respond
• ACLU v. Reno, 1997
Congress passed Communications Decency Act, making it a crime
to put
indecent material on the Internet. Supreme Court struck down the law, ruling
government cannot censor the internet.
Protection for Satire
Prior Restraint Defined
In First Amendment law, a prior restraint is
government action that prohibits speech or other
expression before it can take place. There are two
common forms of prior restraints. The first is a
statute or regulation that requires a speaker to
acquire a permit or license before speaking, and the
second is a judicial injunction that prohibits certain
speech. Both types of prior restraint are strongly
disfavored, and, with some exceptions, generally
unconstitutional. (Cornell University Law School)
Prior Restraint…..what does it look
like… (prove you “get” the concept)
• Brief presentation to class:
– Put “prior restraint” into your own words
– Offer an example of how the use of prior restraint
would look in real life
Return of Fallen
• Should pictures of battle scenes and casualties
be released for public viewing on television, in
newspapers, and in magazines?
• Is government censorship of wartime photos
ever acceptable?
• More generally: is photography protected in
the First Amendment?