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COM 107 Gorham M003 Lecture Notes 9/8/2015 - 9/22/2015

by: Megan Shelton

COM 107 Gorham M003 Lecture Notes 9/8/2015 - 9/22/2015 COM 107

Marketplace > Syracuse University > Communication Studies > COM 107 > COM 107 Gorham M003 Lecture Notes 9 8 2015 9 22 2015
Megan Shelton
Communications and Society
B. Gorham

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Understanding the Development of Free Expression
Communications and Society
B. Gorham
Class Notes
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This 5 page Class Notes was uploaded by Megan Shelton on Tuesday October 13, 2015. The Class Notes belongs to COM 107 at Syracuse University taught by B. Gorham in Summer 2015. Since its upload, it has received 26 views. For similar materials see Communications and Society in Communication Studies at Syracuse University.


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Date Created: 10/13/15
Understanding the develooment of Free Expression All societies engage in a tugofwar over free expression Why 0 Concerns over effects 0 How media affects youth I Think rock and roll 0 Think Progressive magazine article on how to build an atomic bomb Keyldea 0 Changes in communications technology have unintended social consequences 0 Increase reach of free expression Modern notions of free expression developed from experiences with printing press Political powers could not control flow of ideas after printing press Solution 0 Licensing 0 Censorship prior restraint by government 0 Government controls the flow of information by preventing some things that it does not like from being printed I Think Google makes it hard to find the violent ISIS videos because they are afraid people will become unrationalized John Milton Areopagitica 1644 Q Trapped in a bad marriage wanted to write about why divorce was not a bad thing 0 Printers would not print anything even from a nice respected author Milton the printers knew the censors would come and the printers would have their licenses revoked 0 Milton was upset so he wrote this book in which he argues that in a free society all ideas should be allowed to circulate 0 Put on paper a philosophy that is now the Libertarian theory of the Press I All ideas even false ones deserve to circulate in a free society because people should have access to any idea that might help them In a free society the Truth will eventually emerge from this clash of ideas The First Amendment to the US Constitution 1791 Congress shall make no law respecting an establishment of religion 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 Libertarian Theory 0 Government cannot restrict speech except under very limited circumstances 0 Gives publishers the freedom to do what they want including suppress speech they do not like 0 Government cannot suppress your speech 0 Suggests that democracy is best served by an active free press that can challenge any powerful interest and bring matters to the public s attention 0 Suggests that even awful stuff can be available to the public 0 Helps people see the truth 0 Suggests that the way to control speech you don t like is with more speech What the First Amendment covers 0 Government preventing expressions of speech 0 Progressive magazine the Pentagon Papers 0 Government punishing speech 0 By any representative of the government 0 Anyone who is the representative of the government 0 Except under very limited circumstances when government has compelling cases 0 Threat to national security 0 Cannot make any utterance that will reasonably cause a panic What the First Amendment does NOT cover 0 Private entities preventing speech 0 Think Walmart not carrying the Sheryl Crow album because it pokes fun at Walmart 0 Private entities punishing speech 0 Think Paula Deen Consider these controversies over speech 0 How much should the press curb criticism of the government in war Reveal info 0 How much should media record celebrities lives 0 People can have photographers following them around even if they do not want these photographers to be there But when that person being photographed enters a private establishment the photographer cannot follow himher inside but they can take photos from outside 0 Should corporate speech enjoy some FA protections ie Citizens United 0 Q How should the press handle situation that may be offensive disturbing or graphic 0 Think O ISIS videos 0 Danny Pear execution 0 FB hunting photos Free speech was under attack immediately 0 First Amendment 1791 0 Alien amp Sedition Acts 1798 0 Made it illegal to criticize the US Government l Speech was free from prior restraint but could be punished 0 Supreme Court nullified this within 2 years Free expression is a balancing act Speech rights of individualorganization must be balanced by regard for others rights too and compelling government needs to regulate society Most protection under the First Amendment Political Speech Matter of public interest Speech about public officials Interpersonal communication Commercial speech lndecency suitable for adults not children Obscenity Libel Copyright Infringement Least protection Libel amp Obscenity Q Libel New York Times v Sullivan 1964 O For average person to prove libel she must show I Public statement was false I Damages occurred l Publisher was negligent 0 Public figures have harder time showing libel 0 Must show actual malice I Knew statement was false and published it anyway or they acted in reckless disregard of the truth 0 Obscenity Miller v California 1973 0 Community standards whole work lacks value 0 Problem How do you define community standards in the age of the internet 0 Variable decency content permissible for adults but not for minors Other First Amendment Issues 0 Free Press vs Fair Trial 0 Shield laws James Risen example 0 Law that says that journalists cannot be compelled to reveal their anonymous sources by law enforcement 0 Federal government does not have shield laws but all 50 states do 0 James Risen national security reporter I So federal government can subpoena him to get him to reveal his anonymous sources 0 FOIA and Sunshine laws 0 Security vs public s right to know 0 Warrantess wiretapping example 0 Pistol owner permits Social Responsibility Theory Concern following propaganda successes of WWI Concern over power of media moguls like WR Hearst Radio Act of 1927 Communications Act of 1934 O PICAN Public Interest Convenience And Necessity Hays Office 1934 Motion Picture Prod Code 0 Today s MPAA Ratings are somewhat different War of the Worlds broadcast Hutchins Commission 1947 O Criticized big media as too powerful and ignoring needs of whole community 0 Recommended press act as Fourth Estate More broadly Social Responsibility theory argues Media should operate in the public interest Act as a check on abuse by government but also by other powerful institutions Be inclusive of all citizens Disseminate unpopular but necessary content Refrain from disseminating harmful or exploitative content even if profitable Four Theories of the Press from W Schramm Q Libertarian 0 Social Responsibility 0 Authoritarian 0 Government knows what speech is best it is looking out for people s best interest 0 Communist see above


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