COMM 1174 Lecture Notes - Lecture 24: Prior Restraint, Dominick Fernow, Stoping
22 May 2018
School
Department
Course
Professor
Media Law and Regulations
The First Amendment and Beyond
I. First Amendment
a. Limits on rights
b. Scope of the first amendments
i. Until 1925, only the federal government
c. The crucial role of the courts
i. Change itnterpretation
II. British roots
a. Freedom of speech was to prevent the tyranny
b. Late 1700s: freedom of speech
i. No prior restraint
ii. Truth is no defense
c. Freedom of press: limited, if the newspaper prints something against government, they
can be revoked.
i. Prior restraint: licensing
III. Criticism of the government in the colonies
a. Speech: 1600s-1791-dissent is punished by prison
b. Zenger trial-truth is a defense
c. Press: prior restraint disappears by the mid-1700s
IV. Prior restraint vs post-publication punishment
a. Print vs broadcasting
i. Broadcasting
1. Liscensing vs
a. Letter of reprimand
b. Fines
c. Short-term renewal
d. Non-renewal/revocation
2. Broadcast: convenience, public interest
V. Protected vs unprotected speech
a. Advertising vs deceptive advertising
b. Core poltical speech vs incitement to violence
c. Indecency vs obscenity and child pornography
VI. Criticism of the government in war time: crisis of the 1st amendment
a. 1798-war seems imminent, Alien and Sedition Acts
i. Duig ties of a, people a’t itiue goeet
b. WW1
i. Espionage
VII. Measures of dangerous speech
a. From clear and present danger to current standard: incitement to violence
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
First amendment: limits on rights, scope of the first amendments, until 1925, only the federal government, the crucial role of the courts, change itnterpretation. British roots: freedom of speech was to prevent the tyranny, late 1700s: freedom of speech, no prior restraint, truth is no defense, freedom of press: limited, if the newspaper prints something against government, they. Vi. can be revoked: prior restraint: licensing. Criticism of the government in the colonies: speech: 1600s-1791-dissent is punished by prison, zenger trial-truth is a defense, press: prior restraint disappears by the mid-1700s. Prior restraint vs post-publication punishment: print vs broadcasting, broadcasting, liscensing vs, letter of reprimand, fines, short-term renewal, non-renewal/revocation, broadcast: convenience, public interest. Protected vs unprotected speech: advertising vs deceptive advertising, core poltical speech vs incitement to violence. Criticism of the government in war time: crisis of the 1st amendment: 1798-war seems imminent, alien and sedition acts, du(cid:396)i(cid:374)g ti(cid:373)es of (cid:449)a(cid:396), people (cid:272)a(cid:374)"t (cid:272)(cid:396)iti(cid:395)ue go(cid:448)e(cid:396)(cid:374)(cid:373)e(cid:374)t, ww1, espionage.
