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| 3 legal constraints on speech |
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| government control of people content and media |
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a kind of governmental social system which is distrustful of communication
1 speech is seen as something dangerous
2 communication is actively regulated to protect
3 license to speek freely is granted by goernment officails/ competent authority |
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greek for free/frank/candid speech. Requires courage.
1 speech is not dangerous in itself
2 control bad actions not bad speech
3 every citizen has the right to speek their mind in public and private |
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censoring a message before it is communicated
Censorship/Gatekeepind |
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| Freedom of speech requires all citizens to have a right to |
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1 speak and write
2 freedom of arbitrary arrest "habeas corpus" |
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| punishment of harmful speech after utterance or publication |
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| speakers intimidated by expostfacto restraint so they sensor themselves |
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| customary/informal laws grounded in tradition. |
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| a law created by a legislature, written down formal and concrete |
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| 4 types of speech in common law |
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1 sedition
2 defamation
3 blasphemy
4 obscenity |
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| say things that give aid to the enemy and endanger national security |
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| saying false and harmful rumors about another, slander/libel |
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| expressing controversial ideas about religion |
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| expressing bawdy leveled sexual suggestive ideas |
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| government controlls what is said and by who |
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| audience has option to accept the idea or find a better idea elsewhere audience will determine what is a good idea |
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| metaphor applied to communication. speakers are merchants selling ideas and buyers are the audience |
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| author of the Areopagitica. named after a court in ancient Athens. it was published illegally and he was charged with sedition he was thrown in jail for his controversial views |
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4 major arguments of the Areopagitica
1 a government tool
2 unethical
3 ineffective
4 harmful |
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1 censorship is a tool used by the government
2 cesorhisp is unethical because it weekens citizens capacity to choose for themselves
3 Censorship is ineffective because the suppression of and idea only makes it more mysterious and attractive
4 censorship is harmful because it discourages people in the quest for the truth |
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| argued prior restraint was wrong but believed government should punish speech after the fact. expost facto restraint out to be imposed on speech that might disturb the public |
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| Congress shall pass no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridge the freedom of speech or the press; or the right of the people peaceably to assemble, and petition the government for redress of grievances |
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| Congress shall pass no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridge the freedom of speech or the press; or the right of the people peaceably to assemble, and petition the government for redress of grieva |
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| Congress shall pass no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridge the freedom of speech or the press; or the right of the people peaceably to assemble, and petition the government for redress of grievances |
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| Congress shall pass no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridge the freedom of speech or the press; or the right of the people peaceably to assemble, and petition the government for redress of grievances |
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| wrote commentaries on the laws of England-Bad Tendancy Doctrine |
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| wrote commentaries on the laws of England-Bad Tendency Doctrine |
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William Blackstone.
argues prior restraint is wrong
Government should punish speech after the fact expost facto restraint.
expost facto restraint ought to be imposed on speech that might tend to disturb the public speech |
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| a work on freedom and liberty workers enslaved to bad working conditions and wage |
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| 3 Major arguments of On Liberty |
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1 The opinion that is censored may possibly be true. all silencing of discussion is an assumption of infallibility
2 even truth needs to be challenged and tested else it will become a dead dogma
3 Truth is many sided sometimes the conflicting opinions share the truth between them by suppressing one opinion we miss part of the truth |
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Prevents/protects government from sedition
Punishment if you
1 promote success of nations enemy
2 Attempt to to cause insubordination disloyalty mutiny or refusal of duty
3 interfere with the draft |
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supreme court justice, announces new standard for determining danger posed by speech
dangerous speech must not be just a tendency but must impose a "clear and present danger |
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socialist mailed out pamphlets charged through the espionage act for tampering with the draft.
Oliver Wendal Holmes conceived Clear and Present Danger |
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| Government can only stop speech if the speech poses an obvious and immediate danger to the public or the government |
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| First clear cut case with split decision. Justice Holmes and Brandise ruled using clear and present danger |
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| Published left wing manifesto. Charged under NY anarchy law. Charged anarchy law is unconstitutional. 1st Amendment applies to state laws |
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Secretary General of the Communist Party indicted under the smith act for conspiracy to overthrow the government.
Holmes and Brandise descent on the grounds that it showed no clear and present danger. |
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Yates convicted under conspiracy to violate the smith act for teaching people about marist theory
Court made a distinction between controversial ideas and inciting illegal action. |
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Branden burg leader of Ohio KKK. Recorded hate speech over the news. convicted under Ohio Criminal syndicalism act.
Supreme Court overturns case unanimously. his speech did not pose a real clear adnd present danger
New standard is set Incitement standard |
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Branden burg leader of Ohio KKK. Recorded hate speech over the news. convicted under Ohio Criminal syndicalism act.
Supreme Court overturns case unanimously. his speech did not pose a real clear adnd present danger
New standard is set Incitement standard |
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| Government must wait until speaker exhibits serious intent to incite illegal action mus be immediate |
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The incitement Standard
3 rules |
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1 Government must prove the speaker is intentionally inciting violence
2 The Speech will result in dangerous legal actions
3 action has to be imminent |
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