1 / 14

FREEDOM OF SPEECH AND THE PRESS

FREEDOM OF SPEECH AND THE PRESS. Overview. Self government demands citizens can speak freely access information about the government even if it is critical Attacks on journalists are hallmarks of authoritarian regimes Ex. John Peter Zenger Jamal Khasoggi

doloresd
Download Presentation

FREEDOM OF SPEECH AND THE PRESS

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. FREEDOM OF SPEECH AND THE PRESS

  2. Overview • Self government demands citizens can • speak freely • access information about the government • even if it is critical • Attacks on journalists are hallmarks of authoritarian regimes • Ex. John Peter Zenger • Jamal Khasoggi • 1st amendment protects these civil liberties • But they come under attack especially during wartime

  3. First Amendment • “Congress shall make no law…abridging the freedom of speech, or of the press.” • These rights are stated as absolutes, without exceptions, but are they?

  4. Alien and Sedition Acts 1797 • Napoleonic wars drew US into conflict • Growing criticism of Federalists by opposition party’s press • Several editors, reporters, and a Congressman, Matthew Lyon were found guilty and went to jail • Jefferson refused to re-authorize the acts Matthew Lyon Roger Griswold

  5. Clear and Present Danger Test • Schenk v. NY 1919 • WWI—Espionage Act prohibited statements that interfered with the war effort • Schenk, general secretary of the US Socialist party, distributed leaflets opposing the draft. • Supreme Court: 1st Amendment does not protect one “shouting fire in a crowded theater.” • Eugene Debs, another socialist, jailed under the Sedition Act for his antiwar speeches. • Were they really jailed because they were dissidents?

  6. Vietnam War Era • US v. New York Times 1971, Pentagon Papers Case • Daniel Ellsberg, defense dept. employee, leaked hundreds of pages of classified documents showing the administration had lied about the war • US may not prohibit publication of classified defense documents that no longer pose a threat to national security. • Nixon started spying on his enemies, leading to Watergate

  7. Wikileaks Case • US v. Bradley Manning 2013—Chelsea Manning leaked hundreds of thousands of pages of classified reports. • Found guilty of espionage and theft. • What is the difference with Pentagon Papers case?

  8. Answer • Pentagon Papers documents were dated and no longer revealed important national security details. Wikileaks documents concerned very recent troop movements that would be useful to the enemy.

  9. Libel Laws • Prohibit newspapers from printing information that damages someone’s reputation that the paper knows is untrue. • But these laws generally do not apply to public figures and libel is difficult to prove. • NY Times v. Sullivan 1963—Related to Civil Rights conflict. Public figures suing for libel must show published statements were malicious and reckless and hurt their reputation. • Threat of lawsuit can have chilling effect

  10. McKee v. Crosby 2019 (denied) • Justice Thomas recently declared in McKee v. Cosby that NY Times v. Sullivan 1964 was not based on Constitution and should be reviewed. • McKee a quasi-public person • President Trump has sued journalists for libel in the past and has threatened to do so as president • Trump and Co more than 4000 suits filed

  11. Covington Student Sues WaPa • https://www.theguardian.com/us-news/2019/jan/21/new-video-confrontation-kentucky-students-native-american • Student is suing Washington Post and perhaps others for defamation. • What is your opinion?

  12. Campus Free Speech • Berkeley Free Speech movement 1964 protested bans on student political activities on campus. • Conservatives now attack universities for stifling free speech with “political correctness” and shouting down controversial speakers. • Charles Murray, who wrote that blacks have lower IQs, shouted down at Middlebury College (Bernie Sanders’ wife is president there), harming a professor. • Milos Yiannolous, a Brietbart News editor and campus provocateur, shouted down 11 times at UC Berkeley. • https://www.youtube.com/watch?v=-PSYPrE5LrQ

  13. Money as Speech? • Citizens United v. FEC 2010—court overturned restrictions on direct campaign spending by corporations as a violation of freedom of speech. • Should corporations have the same rights as individuals? • What impact has this had on US politics?

  14. Review • Freedom of expression, a fundamental civil liberty, is frequently limited due to national security, public safety, libel, and other political concerns. • The Constitution states civil liberties as absolutes, but all are balanced against other constitutional principles.

More Related