Legal Controls and
Freedom of
Expression
Chapter 16
“Mixtapes are just one form
of digital music under fire
for copyright violations.”
Four Models for Expression and
Speech

Authoritarian
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Communist
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State-run media
Social responsibility

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Common today in Asian, Latin American, and
African dictatorships
Hutchins Commission
Libertarian

No restrictions on mass media or freedom of
speech
“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.”
—First Amendment, U.S. Constitution, 1791
Prior Restraint

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Government cannot block publication or
speech
Pentagon Papers

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The Progressive
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Daniel Ellsberg
National security as a cause for restraint
Article offered “how-to” H-bomb guide
Clear and present danger

Schenck v. United States
Copyright

Legally protects the rights of authors and
producers to their published or unpublished
writing, music, lyrics, TV programs, movies,
or graphic art designs

Digital Millennium Act of 1998: outlaws
technology that will circumvent copyright
protection systems
Libel and Slander



New York Times v. Sullivan (1964)
Biggest worry that haunts editors
Falsely accusing (a) person(s) of

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Mental illness or defect
Crime
Incompetence
Associating with hate groups
Were you wrong? Negligent? Did it cost the
victim measurable damages?
Obscenity

Ulysses by James Joyce

Miller v. California, 1973



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Average person finds prurient
Sex described in offensive ways
No serious literary/artistic merit
Acknowledges differing community standards
Must judge the work as a whole
Right to Privacy

Invasion of Privacy



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Unauthorized intrusion
 Tapes
 Wiretaps
Publication of private matters
Using a person’s name or image
Most journalism organizations use their own
guidelines.
Internet privacy rights

Recent Supreme Court rulings held that employees
have no privacy rights in electronic communications
conducted on their employer’s equipment.
Gag Orders and Shield
Laws
…the work of journalists must be
independent and free from
government control if they are to
effectively serve as government
watchdogs.”
—Reporters Committee for Freedom of the
Press, 2005
Regulating Film

Film Review Boards

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State and local boards try to control film.
Jack Johnson and boxing films
Fatty Arbuckle and the MPPDA
Industry self-regulation
The Motion Picture Production Code
1952: The Miracle Case, Burstyn v. Wilson
Joseph McCarthy


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McCarthy hearings
Red Channels
“Red scare”
Among those scarred by witch-hunts:

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Lena Horne
Dashiell Hammett
Arthur Miller
Leonard Bernstein
Difference between Print and
Broadcast

Red Lion v. FCC: Radio broadcasters’
responsibilities to public interest outweigh
rights to choose programming.

Miami Herald Publishing v. Tornillo: Supreme
Court ruled the right-to-reply law is
unconstitutional for newspapers.
Political Coverage

Section 315



Stations must provide equal opportunity
for response and counter
Only applies to broadcast
Fairness Doctrine

Required stations to offer balancing
opinions on controversial issues


Ended smoking ads
No longer in effect
“Internet service providers should not
be able to favor some content over
others…[Net neutrality] is vital to
preserve the Internet’s role in
promoting entrepreneurship and
free expression.”
—Editorial, New York Times, 2007
Maintain Democracy

As citizens, we must:
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Engage in public debate about media
ownership
Pay attention to those excluded from
opportunities to buy products and shape
the cultural landscape
Challenge journalists and leaders
Become watchdogs and critical
consumers