Chapter 5 Flashcards
Censorship
Government reviewed material before publication
Prior restraint
Government censorship before publication
What are some examples of prior restraint?
- Judges prohibiting newspapers from publishing photos.
- Government restricting journalists from covering military activities
- Gag orders on attorneys in high-profile cases
What is NOT prior restraint?
- Employer dress codes.
- Sports league penalties for public statements.
- Protests against corporate representatives.
Licensing printers
Only approved presses could print material
Taxation
Used to oppress unwanted media (stamp act of 1711)
Contempt of court
Legal penalties for defying court orders
Civil contempt
Failure to obey court orders (ex. Refusing to disclose sources.)
Criminal contempt
Punishment for disrupting court proceedings
- Near v. Minnesota (1931)
- Struck down state laws, allowing censorship of malicious newspapers
- established that prior restraint is almost always unconstitutional
- New York Times V. United States (1971)
The Pentagon Papers case: government failed to prove the publishing classified documents would harm national security
- reinforce the heavy burden standard for justifying prior restraint
United States v. Progressive (1979)
- Court initially blocked publication of hydrogen bomb design article
- case was dropped when similar information was published elsewhere
Nebraska press Assn. v. Stuart (1976)
- struck down gag order on the press in a high-profile murder case
- established three-part test for valid restraining orders
Schenck v. United States (1919)
Upheld restrictions on speech during wartime
Brandenburg V. Ohio (1969)
Established that speech advocating illegal acts is protected unless it incites imminent lawless action
Tinker v. De Moines (1969)
Upheld student students rights to wear black arm bands in protest
Texas v. Johnson (1989)
Flag burning ruled as protected speech
Cohen v. California (1971)
Political slogans on clothing protected under the first amendment
Hazelwood v. Kuhlmeier (1988)
Schools can regulate student newspapers
Morse v. Fredrick (2007)
Schools can restrict speech promoting illegal drug use
Snyder v. Phelps (2011)
Allowed protests at military funerals, despite emotional distress claims
Brown v. Entertainment Merchants (2011)
Struck down California law banning sale of violent video games to minor
Pentagon papers
Secret Vietnam war documents leaked to the press
Symbolic speech
Nonverbal expression protected by the first amendment
Imminent lawless action
Standard for restricting speech that incites violence
What is the difference between prior restraint and punishment after publication?
prior restraint prevents speech before it happens, while punishment after publication deals with consequences after the fact.
When would prior restraint be constitutional?
Ex. National security threats.
Copyright Attached at this time
The moment something is copyrighted
Dean v. Utica Community
the court ruled that a school district violated a student’s First Amendment rights by censoring her article in the school newspaper, which was critical of the district. The decision affirmed that students have free speech rights, even in school settings, as long as it does not disrupt the educational environment.
What are the 4 Theories of the Press?
- Liberation
- Social Responsibility
- Authoritarian
- Soviet/Communist
False Light
a legal claim where someone is portrayed in a misleading or false manner that could damage their reputation, even if the information isn’t defamatory
Name 4 things Copyright provides the holder to _____
- Reproduce the work.
- Distribute copies of the work.
- Perform the work publicly.
- Create derivative works based on the original work.
Prior Review
Intrusion
What are the 5 Elements of Libel?
- Publication
- Identification
- Defamation
- Falsity
- Fault
Copyright protects _____
Original Works
What are the 4 defenses against Libel?
- Truth: If the statement is true
- Privilege: Certain statements made in specific contexts
- Fair Comment and Criticism: Opinion-based statements on matters of public interest are protected, as long as they are not made with malice.
- Consent: If the person who is allegedly defamed consents to the publication of the statement.
