Things not protected by free speech Flashcards
Things not protected by free speech (12)
- Libel and Slander
- National Security
- Privacy
- Contempt of Court
- Copyright
- False Advertising
- Can’t interfere w/ Administration of Justice
- Compelled Speech
- Speech Codes on College Campuses
- Threats and Harassment
- Schools
- Obscenity
Libel and Slander
-you cannot falsely defame someone’s character
-libel is written, slander is spoken
-rules are different for public figures; public figures must find actual malice which proves that the defendant knew the speech was false (for average people, simply show the falsehood resulted from negligence)
National Security
-can restrict speech of it endangers the country
-social harm criteria
-Schneck Court case
-don’t have the right to publish classified government info
-Pentagon Papers court case
-Freedom of Information Act
Schneck v United States Court case
-Schneck handed out leaflets encouraging refusal to be drafted – argued to be a threat to national security but later said it was protected by free speech because it did not present a “clear and present danger”
Pentagon Papers Court Case
-Daniel Ellsberg made copies of Pentagon papers
-Nixon administration attempted to prevent NYT and Washington Post from publishing Pentagon Papers
-Supreme Court rules in favor of Ellsberg as an attempt of prior restraint by the government
Prior Restraint
a form of censorship that allows the government to review the content of printed materials and prevent their publication
Freedom of Information Act
information can’t be kept secret by the government forever, so that the public can access the information
Privacy
-don’t have right to use someone else’s name or likeness for commercial purposes without their permission
Contempt of Court
-judge has right to maintain discipline in court
Copyright
-can’t present someone else’s material as your own
-many forms can be protected by copyright
-exceptions to copyright are fair use
Fair Use
can use snippets of other’s work
False Advertising
-can’t lie about your products
Can’t interfere with Administration of Justice
-can’t interfere with someone’s right to a fair trial
-gag orders: a judge’s order that a case may not be discussed in public
Compelled Speech
-can’t force people to say or print things
Ex: can’t force kids to say pledge of allegiance
-court of law exception
Court of Law exception meaning
if a court rules that you have material that’s essential to a court case, you have to provide it
-Shield laws prevent this
-journalists disagree with this
Speech codes on college campuses
speech code: restrictions or bans put in place to prevent hateful speech, mainly related to speech aimed at women, LQBTQ+, minorities
-speech codes struck down by courts
-no actual category of hate speech in law (hate speech is actually protected)
Threats and Harassment
-can’t threaten or harass people
ex: UC Irvine phone threats to Asian Americans threatening to “hunt them down”
Schools
-school authorities have censorship rights over student in order to maintain discipline (such as swearingor newspapers)
-don’t have the right if it occurs outside of school
-can’t discipline students if they posted something vulgar on social media or Youtube - this makes it a messy realm of law with cyber bullying
Obscenity
-deals with sexually explicit material
LAPS test
work is considered obscene if it lacks literary, artistic, political, or scientific purposes
Subjectivity in defining the category
–how do you define what is obscene? Varies with individuals, times, and places
Ex: grandma vs granddaughter
Ex: small Southern town vs LA
Ex: works of art originally viewed as obscene but now famed
Ex: For Tahitians, eating meal outside was obscene but sex in the open was not
-courts have to try to legally define obscenity, but this is very difficult
-have turned to LAPS test
“reasonable person standard” in the past – what is a “reasonable person”
Problems with Exceptions to Obscenity
- Subjectivity in defining the category
- Cost-Benefit Analysis that must occur when making an exception
Cost-Benefit Analysis
Costs
-said to be exploitative of women
-inspire negative thoughts and behavior
-potentially harmful to kids
Benefits
-can be entertainment for some
-some educational value
Shield Laws
a law that protects witnesses or journalists from revealing certain information or confidential sources
