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Regulation Of Media Fall2004 Session03

The First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Note, in this, the balancing of principles
- Religion
- Speech
- Press
- Peaceably assemble
- Petition for redress of grievances

History of freedoms of expression and press
- Roots in England
  - Seditious libel laws
  - Licensing and prior restraint
  - Bonds and taxation
- Resisted more heavily here
  - British attempts at control mostly ignored
  - Seditious libel rejected by juries (Zenger)
- Yet community standards prevailed
  - Vigilante action
  - If you don't agree move was an early standard here
- Generally assumed as the constitution was created
  - A first amendment was thought unnecessary
  - That notion was pretty well discredited by Adams era sedition legislation
Theories of first amendment
- Absolutist theories
- Ad hoc balancing
- Preferred position balancing
- Free speech is a means to self-government (Meitlehohnian)
- Access
Primary issues in free speech disputes
- Seditious libel
  - Alien and Sedition Acts of 1798
  - WWI Espionage Act and Sedition Act
  - WWII Smith Act
    - Restricted to advocacy of specific acts (Yates v. U.S.; Brandenbuerg vs. Ohio)
- Taxation
  - Normal business taxation is OK
  - Taxes that target the press and tend to inhibit circulation or cause restraints on expression are not
  - Content cannot be the basis for taxation
- Prior Restraint
  - Restraint on all publication is generally considered over the top
  - But constraint can be justified for specific material when it threatens the public good
Current issues
- Prior Restraint in wartime
- Prior Restraint in the schools
  - School Newspapers
    - Disruption
    - Offensive Speech
    - Reputation (schools as publisher)
  - Books
- Time, Place, and Manner Restrictions
  - Neutral as to content, both on its face and in practice
  - Not a complete ban
  - An articulated special interest
    - Generally forum focused
      - Public forums
      - Private Forums
  - No more than is needed
- Sam of Sam Laws
- Hate Speech and Fighting Words

Balances
- Government versus press
- Vigilantes versus press
- Property versus speech
- Property versus fair use
- Commercial interests versus public interests

-- Last edited August 27, 2008

Unless otherwise noted, the contents of this page were written by participants on the Media Space Wiki, operated by Davis Foulger, and should be cited accordingly. For example (APA):
Foulger, D. and other participants. (August 27, 2008). Regulation Of Media Fall2004 Session03. MediaSpaceWiki. Retrieved on from http://evolutionarymedia.com/wiki.htm?RegulationOfMediaFall2004Session03.