First Amendment History + Theory Flashcards
How was the 1st Amendment born?
British government suppresses speech during the American Revolution. There was potential for a tyrannical government to abuse its power to silence dissent. Freedom of expression is essential to a free and democratic society.
When and where did the concept of freedom of speech originate?
Athenian society around the 6th or early 5th century BC.
Magna Carta key points and how did it influence our gov?
Foundational document regarding
the concept of limited government and individual rights. Principles include due process of law and protection against arbitrary government actions. It influences the American understanding of individual rights.
Other 1st Amendment influences
Petition of Right, Sir Edwin Coke, 1628
Massachusetts Body of Liberties, 1641
English Bill of Rights, 1689
Virginia Declaration of Rights, George Mason, 1776
Second Circuit
Appeals from Federal courts in NY since much of the media is NYC-based
Court of Appeals for Washington, DC
FCC FTC and FIA
Ninth Circuit
Hollywood and Silicon Valley: film, TV and copyright
Marketplace of Ideas
The best test of truth is to get
itself accepted in the marketplace.
Participants “buyers” will look for
the most original, truthful or
useful information
John Milton
Monarchy/government awards licenses. Anti-King? No license for you. Supported unlicensed printing.
Licensing deprives citizens of knowledge. Censorship is impractical.
Areopagitica
John Stuart Mill
“On Liberty” expanded on Milton’s idea. Public Harm. Free expression develops & sustains people’s rational capacity Facilitates the search for truth. Censorship? Sometimes
Virginia Declaration of Rights, George Mason, 1776
Gov has to protect individual human liberties
Jefferson refers to it when writing DOI
Petition of Rights, Sir Edwin Coke, 1628
Individual protections against the state
List of liberties
Other influences of 1st Amendment
English Bill of Rights, 1689
Massachusetts Body of Liberties, 1641
Sources of Law in USA
Constitutional
Statutory
Administrative
Executive Actions
Common Law
Law of Equity
Constitutional Law
Supreme law of the land
Nothing overrides US Constitution
Statutory Law
Based on the idea of the legislative body, every state can have different law
Administrative
Decisions by FCC, etc. Agencies have power.
Executive Actions
Law implemented by the President
Article II of the Constitution
Common Law
Accumulation of case law, ruling made by courts and individual disputes
Law of Equity
A court of equity is a type of court with the power to grant remedies other than monetary damages.
Alien & Sedition Acts
1798 by John Adams. Restricts activities of foreign residents. Limits freedom of speech and the press. If you critique congress or the government, there will be consequences.
Mathew Lyon, Republican VT
1st person was tried and convicted while acting as his own attorney. Defense: The Sedition Act was unconstitutional and didn’t mean to damage the government. Won reelection while in jail.
James Callender
Republican-friendly journalist. 9 months in prison. Wrote articles from jail. Demanded a government job. First public allegations of Jefferson’s long-rumored relationship with Sally Hemmings
When the Alien and Sedition Acts expire
US Federal courts prosecuted about 26 people. Most were editors of Republican newspapers. All opposed the Adams administration. Prosecutions ignited debate over the meaning of a free press and what rights should be afforded to political opposition parties in the US
