Lecture 1/20 SMPA 2173
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This 3 page One Day of Notes was uploaded by Gabriella Hope on Tuesday January 20, 2015. The One Day of Notes belongs to SMPA 2173 at George Washington University taught by Will Youmans in Spring2015. Since its upload, it has received 130 views. For similar materials see Media Law in Journalism and Mass Communications at George Washington University.
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Date Created: 01/20/15
Tuesday January 20 2015 Class 120 Media Law I The First Amendment A 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 B Interpreting the First Amendment 1 Positive vs negative liberty 2 Original intent look at letters and text by framers at that time may shed some light but cannot always pertain to issues that could not have been imagined at the time the constitution was developed eg debate over net neutrality founders never imagined the internet 3 Ad hoc balancing idea that the constitution should not be tinkered with too much casebycase approach 4 Categorical approach a Chaplinsky v New Hampshire C Origins of the First Amendment 1 England s suppressive laws 2 Foundations of 1st Amendment a Milton s Aeoropagitica Though all the winds of doctrine were let loose to play upon the earth so True be in the field we do injuriousy by licensing and prohibiting to misdoubt hr strength Let her and Falsehood grapple who ever knew Truth put to the worse in a free and open encounter b Locke c Rosseau d Blackstone famous english judge liberty of the press is indeed essential to the nature of a free state argued against prior restraint as Tuesday January 20 2015 being a bottleneck on ideas and thoughts but publishers can be held responsible for publishing improper mischievous or illegal content Zenger Trial publisher who broke the sedition law criticism of the government and he was jailed his attorney argued that as long as something is truthful it should be a defense 3 Sedition Act D First Amendment Values 1 Instrumental vs intrinsic reasons a b C d e f individual liberty selfgovernment limited government power attainment of truth safety valve if people can talk about things that make them upset they are less likely to go on a violent spree publicly stating your grievances allows them to be worked out more often in a nonviolent manner free speech as an end in itself Prior Restraint A Near v Minnesota 1931 B Pentagon Papers case 1 Wikileaks C Hot News and TheFlyonTheWallcom 1 Hot News Brandies dissented banking firms wanted the same hot news protections from flyonthewallcom from republishing information from the banking firms Ill Court scrutiny of laws that affect first amendment rights A Contentbased laws 1 Strict scrutiny a Be necessary Tuesday January 20 2015 b To advance a compelling government interest and c Go no further than necessary in harming First Amendment rights 2 Symbolic speech B Contentneutral laws eg TPM laws 1 intermediate scrutiny 2 US v O Brien 1968 a 3pronged test 1 is not intended to suppress speech 2 advances an important or substantial government interest and 3 is narrowly tailored to achieve that interest with only an incidental restriction of free expression IV Special treatment for journalism A Justice Stewart A free press was not just a neutral vehicle for the balanced discussion of diverse ideas Instead the free press meant organized expert scrutiny of government The press was a conspiracy of the intellect with the courage of numbers This formidable check on official power was what the British Crown had feared and what the American Founders decided to risk
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