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Development of Freedom of Speech

Development of Freedom of Speech. Chapter 2. Benjamin Harris’s paper Shut down after 1 st issue. Andrew Hamilton (hand extended) defends Peter Zenger. Speech as “ the ” American right?. First Amendment’s absolute wording Congress shall pass no law

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Development of Freedom of Speech

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  1. Development of Freedom of Speech Chapter 2

  2. Benjamin Harris’s paper • Shut down after 1st issue

  3. Andrew Hamilton (hand extended) defends Peter Zenger

  4. Speech as “the” American right? First Amendment’s absolute wording Congress shall passno law Cf. “unreasonablesearch and seizure” Cf. freedom from excessive bail “First-ness” a quirk of history

  5. Anti-speech legislation usually associated with wartime Alien and Sedition Acts Espionage Act Smith Act

  6. Patriot Act Passed swiftly in response to 9/11 Provides extraordinary executive powers Makes FOIA requests more difficult Expands use of “national security letters”

  7. Development of First Amendment doctrine

  8. Schenck v. U.S. (Clear and Present Danger test) Charles Schenck

  9. Abrams v. U.S.(marketplace of ideas) Jacob Abrams

  10. Gitlow v. New York(applies First Amendment to states) Benjamin Gitlow

  11. Whitney v. California(more speech, not “enforced silence”)

  12. Brandenburg v Ohio(imminent lawless action) Clarence Brandenburg

  13. Some applications of Brandenburg test (Herceg v. Hustler)

  14. Some applications of Brandenburg test (Rice v. Paladin Enterprises)

  15. Some applications of Brandenburg test (American Freedom Defense Initiative v. WMATA)

  16. Some applications of Brandenburg test Byers v. Edmondson (Natural Born Killers) Olivia N. v. NBC (Born Innocent)

  17. Some applications of Brandenburg test Million Youth March

  18. Theories of Freedom of Speech Freedom only from Prior Restraint? Absolutism Kennedy’s “absolutism with exceptions” Meiklejohnian Access Balancing Two Step Ad Hoc Preferred Position

  19. A Prior Restraint case from the Cold War era

  20. A riff on “absolutism”

  21. Why is Free Speech Important? Seeking Truth • J. S. Mill • DuVal’s Pact with the Devil • Jensen’s “Pot Luck” Robert Jensen

  22. Why is Free Speech Important? Self-Fulfillment C Edwin Baker

  23. Why is Free Speech Important? Self-Governing Alexander Meilkejohn

  24. Why is Free Speech Important? Safety Valve

  25. Why is Free Speech Important? Checking Function • Lousy People

  26. What does Free Speech protect? Speaking and Publishing

  27. What does Free Speech protect? Choosing NOT to speak

  28. What does Free Speech protect? Listening or Reading

  29. What does Free Speech protect? Symbolic Conduct

  30. Time, Place and Manner restrictions Keep it down in there, will you?

  31. Public Forum Doctrine • Pure (quintessential) • Limited • Non-public

  32. The Business of Communication:The government as speaker?

  33. The Business of Communication:The government as speaker?

  34. The Business of Communication:Antitrust

  35. The Business of Communication:Taxation

  36. The Business of Communication:Workplace Law My BFOQ’s got me this gig.

  37. Student Speakers Mary Beth Tinker

  38. Student Speakers Matthew Fraser

  39. Student Speakers Kathy Kuhlmeier

  40. Student Speakers

  41. Student Speakers Justin Layshock

  42. Government Employees Marvin Pickering

  43. Government Employees Former judgeVincentSicari (aka “Vince August”

  44. First Amendment & Soldiers

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