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first amendment

Overview. Review previous classScope of speechContent vs. ConductRules for censorshipPrior RestraintUnprotected speechClear and present dangerObscenityFalse Commercial speechLibel/ slander/ defamation. Review. Why First Amendment is importantDifferences between U.S. and other cultures regarding speech protectionFirst amendment not absoluteRange of protections depending on type of speech- commercial lowest/ political highestClear and present danger.

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first amendment

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    1. First Amendment Censorship, libel, and technology

    2. Overview Review previous class Scope of speech Content vs. Conduct Rules for censorship Prior Restraint Unprotected speech Clear and present danger Obscenity False Commercial speech Libel/ slander/ defamation

    3. Review Why First Amendment is important Differences between U.S. and other cultures regarding speech protection First amendment not absolute Range of protections depending on type of speech- commercial lowest/ political highest Clear and present danger

    4. How censorship happens How censorship happens Content vs. Conduct Gov’t can control both Content is what is said, conduct is controlling conduct surrounding speech (time, place, volume) Why do we care

    5. Scope of speech Symbolic conduct- examples? Freedom not to speak - saluting the flag, display the motto “Live free or die” Can regulate conduct here if it can show important interest independent of the speech aspects

    6. Rules for censorship Presumptively unconstitutional to regulate content, except for very specific categories Can regulate speech if: Regulation is reasonable- factors: Can’t be overbroad- regulates more than necessary Can’t be vague- “no bad speech” Can’t give too much discretion to gov’t officials Conduct regulations must be content neutral, narrowly tailored to serve important gov’t interest, and leave alternative channels open

    7. Prior Restraint Prevents speech, rather than punishing afterwards Very difficult- gov’t has heavy burden Must show special societal harm War troop movements CIA review prior to publication

    8. Unprotected speech Content based regulations Regulation must be narrowly tailored to serve compelling gov’t interest Clear and present danger of imminent lawlessness Must show it is likely and speaker meant it

    9. Unprotected speech cont’d Obscenity- not protected speech Appeals to purely sexual interests Patently offensive Lacks serious value Uses reasonable person, community standards (except for value) False advertising: unlawful or misleading not protected

    10. Slander, Libel, and Defamation All these are torts; a civil wrong for which the law provides a remedy Defamation Language adversely affecting reputation Must be of a living person or company Can be true or false- doesn’t have to prove unless matter of public concern or famous person Truth is a COMPLETE defense

    11. Libel and slander Libel- written defamation Slander: spoken defamation Maybe chat rooms Famous people - NY Times v. Sullivan Additionally must show malice and falsity Why is this? Malice - knew or reckless disregard

    12. Technology Website is a publisher? No control AOL vs. Blumenthal

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