Free Speech and First Amendment Flashcards

1
Q

liberal democracy

A

democratic society - majority rules
liberal - certain rights that you have that can’t be violated or taken away from you regardless of what the majority thinks

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2
Q

tyranny of the majority

A
  • majority tends to rule

- Bill of Rights prevents this

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3
Q

philosophical basis of “Congress shall not abridge freedom of speech and press”

A

based on Milton, Mill, and Jefferson

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4
Q

John Milton - marketplace of ideas

A

there should be an open marketplace where ideas compete among themselves; best ideas win out
-the best test of truth is for it to win a place in the open market

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5
Q

Jefferson

A

role ideals play in political realm - free and open press to inform citizens to support a democracy
-openness allowed for the majority to make the best decision

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6
Q

Mill

A

3 prong defense of fee expression

  • “as opinion is silenced, the truth may be silenced as well”
  • “even a wrong opinion may contain an element of truth to discover the whole truth”
  • “even if commonly accepted opinion is the whole truth, people will hold it not as rational belief, but as prejudice, if they have not had to defend it”
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7
Q

classical libertarianism

A
  • ideas of Milton, Jefferson, and Mill together
  • government can’t prevent you from saying or printing anything; expression can’t be prevented by government
  • can’t be forced to say/print anything - compelled speech - unless in court
  • believe that self-correcting mechanism is built in; truth will always emerge
  • remedy -more speech
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8
Q

absolutists

A

take words of 1st Amendment literally

-government can’t regulate speech at all

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9
Q

consensus definition

A

some restrictions are necessary but not restriction just because speech is unpopular
-protecting currently unpopular ideas from suppression of majority’s rule

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10
Q

social harm cirieria

A
  • the Supreme Court decides what restrictions are allowed

- certain speech is so harmful that the government can restrict

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11
Q

slander and libel

A

-example of a restriction allowed
-libel is written and slander is spoken
can sure for damages and punitive damages
truth is absolute defense
-if you enter public life, harder to sue for slander/libel
- have to prove actual mallace

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12
Q

violations to national security

A
  • example of restriction allowed
  • it would be harmful to the country if print; government is allowed to keep secrets
  • some private information is made public after a certain amount of time
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13
Q

privacy

A
  • example of type of restriction allowed

- don’t have right to violate people’s privacy; can’t use names or photos without authority

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14
Q

contempt of court

A

example of restriction allowed

-don’t have right to say anything you want in a court of law; need to maintain order

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15
Q

violation of copyright

A

using someone’s writing, logos, without their permission; presenting someone’s work as your own
-copyright = exclusive right over something

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16
Q

defining the exception

A

-problem that arises when new exceptions are made
-definitions vary place to place; time to time; culture to culture
ex/ obscenity - one court said that which is sexually impure

17
Q

cost/benefit analysis

A

-problem that arising when a new exception is made
-the harm of the speech has to outweigh the social harms of letting that speech continues
ex/ obscenity - objectifying women; entertainment value