Lecture Notes 3rd Week (Sep 8 & 10)
Lecture Notes 3rd Week (Sep 8 & 10) COM250
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This 3 page Class Notes was uploaded by Nathalia Notetaker on Sunday September 13, 2015. The Class Notes belongs to COM250 at University of Miami taught by Samuel Terilli in Fall 2015. Since its upload, it has received 101 views. For similar materials see Freedom of Expression in Communication Studies at University of Miami.
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Date Created: 09/13/15
Freedom of Expression COM250 09082015 Government Responses Laws of sedition o Punishment of disloyal speechcriticizing the government Secrecy Classified Information 0 Vagueness of National Security amp Risk of Abuse 0 Selective release amp inevitability of leaks Restrains amp First Amendment 0 Near vs Minn 0 Vietnam amp Pentagon Papers Case vs Government agents 0 War on terror Wikileaks amp Edwards Snowden Surveillance Foreign and Domestic o Warrants Fourth Amendment amp Rule of Law 0 NSA Revelations Why do we care 0 Potential chilling effect 0 Forced conformity 0 Changed interaction 0 Risks We care more about our privacy when does closest to us try to invade it There is distrust in government and public officials The fear of being watched by government would lead us to a change our everyday behavior and possibly affect society Privacy this word is not written in the US Constitution What is the meaning of the 1st Amendment How do we know what anything means Are we limited to the text to interpret o Are we limited to the understanding at the time of the funding fathers o Is it limited to the question of prior restrains 0 Can the language be interpreted to the context of the present as society changes 0 What are the limits upon judicial discretion 0 What about radio television movies amp the internet none of which existed in the 1790s The Constitution has to change with society or else the government would have control over everything Sedition Act of 1798 Sect 2 If any person Freedom of Religion Social Contract Theory Rousseau 1762 0 You are born to society 0 People give government the power in order to protect their rights Establishment Clause Congress shall not make law an establishment of Religion 0 Religion over Religion 0 Example Oklahoma Ten Commandments and Baphomet Controversy Free Exercise Clause Or prohibiting the free exercise there of o Protects religious belief and expression and allows violation of laws 0 Case Church of Lukumi BabaluAye vs The City of Hialeah Religion sacrifice One religion better than others 0 Case Employment Division vs Smith 1990 0 Kim Davis Kentucky County clerk refuses to sign marriage licenses based on religious beliefs The wording matters don t verbalize your thought to break the law 09102015 Symbolic Expression The line between protected expression and regulated conduct Expressive conduct symbolic speech amp the pitfalls of superficial analyses amp attempts at categorization 0 Class Discussion Schools that force children to stand and pledge allegiance to the ag of the US What are the rights of staying sit and not pledge Freedom of expression 0 Example Family guy Episode bind by Fox is it antiSemitic Religion sensitive Protect all religions o Illustrate the dangers of sloppy categorization speech When is conduct considered expression and protected by the 1St Amendment 0 Violating a person s rights gets in the way of the freedom of expression 0 Not everything we say is justifiable with the first Amendment 0 How do we draw the line between conduct interpreted as expression and conduct that we prosecute Art Flags Marches amp pickets Dance Expressive conduct Reasons emotional appeals persuasion catching one s eye Language is not the only way to convey ones message Personal choice of the speaker How to distinguish expressive acts symbols from mere conduct EXPRESSION 96 WORDS ALONE Intention of the action did you intend to convey a specific message Meaningful reception by an observer Existence of shared meaning of an understanding of what is the message intended to be conveyed Other Competing Interests 0 Iudges look at the context of the situation Example Gainesville pastor cancel Koran Burning Exodus 2045 New Int l Version amp Jehovah s Witnesses Roles of this symbol concern re coerced conformity amp elimination of dissentprescribed orthodoxy in politics nationalism and religion 0 To in uence political orthodoxy the US can t use the ag CASE USV O Brien 1968 o 1948 Law Amended in 65 prohibiting knowing destruction mutilation etc of a selective service registration certificate Was burning of the quotcardsquot in 66 in Boston symbolic speech Target of the law Expression or constitutional power of government What was the government s interest at stake in this case It was express conduct but not protected by the first amendment 0000 The O Brien test amp Intermediate Scrutiny in speech cases 0 Is the regulation within the constitution power of gov t Does it further an important amp substantial gov t interest Yes Is that interest unrelated to the suppression of free expression Yes Is any incidental restriction alleged 1St Amendment freedom no greater than essential for further than gov t interest The tests are vague however they guide guidance for the analysis to interpret cases O Brien lost the case Scrutiny Incidental affects on free speech but exists for other importance for government 000
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