Free Speech and First Amendment Flashcards
liberal democracy
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
tyranny of the majority
- majority tends to rule
- Bill of Rights prevents this
philosophical basis of “Congress shall not abridge freedom of speech and press”
based on Milton, Mill, and Jefferson
John Milton - marketplace of ideas
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
Jefferson
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
Mill
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”
classical libertarianism
- 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
absolutists
take words of 1st Amendment literally
-government can’t regulate speech at all
consensus definition
some restrictions are necessary but not restriction just because speech is unpopular
-protecting currently unpopular ideas from suppression of majority’s rule
social harm cirieria
- the Supreme Court decides what restrictions are allowed
- certain speech is so harmful that the government can restrict
slander and libel
-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
violations to national security
- 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
privacy
- example of type of restriction allowed
- don’t have right to violate people’s privacy; can’t use names or photos without authority
contempt of court
example of restriction allowed
-don’t have right to say anything you want in a court of law; need to maintain order
violation of copyright
using someone’s writing, logos, without their permission; presenting someone’s work as your own
-copyright = exclusive right over something