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Freedom of Speech and Press:. Can Freedom of Speech and Press and Speech ever be limited?. 1 st Amendment . 14 th Amendment. Right to free expression Can be written or spoken Protects expression of unpopular views.
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Freedom of Speech and Press: Can Freedom of Speech and Press and Speech ever be limited?
1st Amendment 14th Amendment • Right to free expression • Can be written or spoken • Protects expression of unpopular views • No state can deny any person the right that is “basic or essential to the American concept of ordered liberty” • All people are protected
Mean Girls Burn Book
Libel v. Slander v. Sedition Libel False and malicious use of printed words Slander The false and malicious use of spoken words Sedition Attempting to overthrow the government by force or to disrupt its lawful activities by violence
Example of Sedition….. 9 Militia members from group called Hutaree March 2010 Alleged to attack police Create widespread uprising Use weapons of mass destruction Michigan based group
What about Public figures? Should they be held to the same standards?
Public Figures Held to a higher standard Choose to enter the public life and scrutiny Private citizens do not Public figures include who? Examples……
When is it considered Slander/ Libel? • Usually told/printed to a third party • Injures a persons reputation • Implied to be factual • Must be false • Knowingly intended to do harm
A local newspaper published false attacks against a local restaurant owner portraying as being a “thief, vindictive, ill-tempered, foul-mouthed, and cruel.” Usually told/printed to a third party Injures a persons reputation Implied to be factual Must be false Knowingly intended to do harm Slander Libel Neither
A teacher sued newspaper over an article published about parents' allegations that she withheld student audition tapes for a state musical competition embarrassing her. Usually told/printed to a third party Injures a persons reputation Implied to be factual Must be false Knowingly intended to do harm Slander Libel Neither
“The Onion” reported that “Obama Returns From India With These Gross Candies For Everyone” Usually told/printed to a third party Injures a persons reputation Implied to be factual Must be false Knowingly intended to do harm Slander Libel Neither
A student starts a rumor that her friend cheated in school. Now her friend is under investigation and was rejected from the gifted program she applied for and her teachers don’t trust her. Usually told/printed to a third party Injures a persons reputation Implied to be factual Must be false Knowingly intended to do harm Slander Libel Neither
Principal sues ex-students for Myspace slander A high school principal has sued four former students because of fake Myspace profiles about him portraying him as a drug, alcohol addict, and perverted.
Closing Activity:Can cyber bullying be subjected to slander or libel violations?