The First Amendment Flashcards
Why do we need the first amendment?
democracy, access to information, and information to govern ourselves
Self-righting principle
we need the free flow of ideas (even bad ideas), truth will emerge, people are inherently rational and good
What is protected?
political speech, artistic expression, commercial speech
Abridgment
limits on time, place, and manner of expression. No limits on content
First vs. Sixth
competing liberties
Press rights vs. are rights to a free trail
pre-trail publicity and cameras in the courtroom.
Ex: Freddie Gray case in Baltimore
How does the free press play out?
individuals right in over press and print has more freedom than broadcast
Libel
False and Malicious publications (Broadcast) of material that damages a persons reputation
Is it true, privileged (coverage of trails, hearing and public events), fair comments?
Slander
spoken defamation of a person’s character (spoken)
Public Figures and Libel
people elected or appointed to office
Ex: Obama
People who become prominent b/c of their actions
Ex: Jimmy Fallon, Jokim Noah, Ellen
NY Times Freedom of Speech vs. Sullivan
Libel- group 1960 took out an Ad- said Sullivan was abusing cilvil rights activists
public figures must prove actual malice (reckless disregard of the truth and falsity)
Prior Restraint
Power of the government to prevent publication or broadcast, national security is threatened and public order is endangered
EX: The Progressive (The H-Bomb Secret) National Security and public order
What is obscenity
When the average person would find the entire work OFFENSIVE, when the work describes sex in OFFENSIVE ways
Ex: The fight for Birth Control, Pornography
What are the Five Freedoms?
Press, Speech, Religion, Petition, Assemble
Is obscenity protected?
NO-Its NEVER protected!!
