Media Law & Ethics Week 3
Media Law & Ethics Week 3 MC 4301
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This 2 page Class Notes was uploaded by Callie Burnett on Monday September 14, 2015. The Class Notes belongs to MC 4301 at Texas State University taught by Francis E. Walsh in Summer 2015. Since its upload, it has received 16 views. For similar materials see Media Law & Ethics in Journalism and Mass Communications at Texas State University.
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Date Created: 09/14/15
Media Law amp Ethics Week 3 notes First Amendment amp Prior Restraints 14th Amendment Nor shall any state deprive any person of life liberty or property without due process law Court upheld conviction but said 14th Amendments gave the court jurisdiction to review state court decisions 1927 Whitney v California Charlotte Anita Whitney was a member of the Communist and was prosecuted for belonging to a group that advocated forcible change Even she had argued against the party s militant policies she was convicted and SC upheld the conviction 1927 Fiske v Kansas He was convicted of being a member of the Industrial Workers of America Wobblies The primary evidence against Fiske was the preamble to the Wobblies constitution SC overturned conviction no evidence that he advocated or engaged in any violent or other side unlawful act Historical Cultural notes The 1920s saw the rise in a great deal of labor unrest and cases like Gitlow Whitney and Fiske was a shift from national security to labor problems Still within the context of 1st and 14th amendments McCarthy Era Senator McCarthy charges and hearings to uncover communists working in US Government especially state department Germany is divided by the Berlin Wall and Winston Churchill described the cold war setting up the Iron Curtain separating the East and West Historical and Cultural notes 1930s and 1940s Depression and War Smith Act of 1940 made it a crime to advocate the violent overthrow of the government or to belong to a group that advocated the same applied to times of war and peace government did not have to prove the things groups advocated would be acted out Technology advancements Widespread newspapers and other publications Widespread radio use Widespread television International communication easy Large jumps in literacy 1931 Near v Minnesota alternative newspaper editor so outraged authorities in Minneapolis StPau that he was denied the right to continue to publish any newspaper in the state on the basis that to do so would constitute a public nuisance SC struck down the state regulation most dangerous threats to free speech are prior restraints such public nuisance laws taxes licensing schemes etc Three cases under Smith Act showing development of SC s view 1951 Dennis v US SC upheld conviction based solely on membership in the communist pany Dennis and 11 other alleged Communists guilty of planning to overthrow government simply by belonging to Party 1957 Yates v US Earl Warren court Reversed Dennis decision in reversing conviction based solely on membership Actual advocacy of illegal activity was necessary before the government could punish mere speech Court drew distinction between teaching and advocating 1971 NY Times v US Pentagon Papers President Nixon asked the courts for injunctions to stop publication of classified defense documents by the New York Times and Washington Post because of national security One of the planned series of articles was published and President Nixon asked for the Injunction SC moved to hear case in just 2 weeks 63 decision nine different opinion SC noted that any system of prior restraints of expression comes to the court bearing heavy presumption against its constitutionality The government had not met that burden SC struck down the kurt injunctions NonContent Speech based on activity rather than content 1 Regulation based on time place and manner To gain court approval for this kind of regulation they must Advance a reasonable governmental interest Be content neutral Be reasonable and Not be used too ban or make practically impossible the speaker s ability to disseminate messages by alternative means Examples of time place or manner activities Doortodoor solicitations Parades Demonstrations on public property Noncontent series of cases aimed at showing the development of the courts on distribution of literature and demonstrations What kinds of restrictions 1938 Lowell v City of Griffin Jehovah s Witness distributed literature without city manager s permission Court reversed a 50 fine and said the liberty of the press is not confined to newspapers and periodicals lt necessarily embraces pamphlets and leaflets These indeed have been historic weapons in the defense of liberty
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