CCT206H5 Study Guide - Winter 2018, Comprehensive Midterm Notes - Worshipful Company Of Stationers And Newspaper Makers, World Intellectual Property Organization, Vagueness
12 Oct 2018
School
Department
Course
Professor
CCT206H5
MIDTERM EXAM
STUDY GUIDE
Fall 2018
CCT206 Law, Technology, and Culture
Lecture 2
Freedom of Speech
Can be:
-social media
-clothing
-expressive act
-communicating opinion, world view, perspective
-16th century English tradition of regulating speech
-“tatioe’s Guild pitig pesses, monopoly group of printers given by crown, allows
censorship)
-Social contract theory (contract between citizens and government, government safeguards
rights)
-English system of licensing ends 1694
-Statute of Anne passed 1710
-Prior restraint
Seditious libel
-English licensing system replaced, in part, by seditious libel laws during the 18th century
-Sedition: incitement of resistance to or revolt against the government
-1798 Alien and Sedition acts (4 different acts passed in U.S.
-Up until 18th etu, the dotie of the geate the tuth, the geate the liel peailed
-People v. Croswell (1804) and the Hamilton Doctrine
-Libel Act of 1834 made truth a defense against libel in England
Canadian freedom of expression
-Section 2 of the Canadian Charter of Rights and Freedoms
-Fundamental freedom clause
2. Everyone has the following fundamental freedoms:
b) freedom of thought, belief, opinion and expression, including freedom of the press and other
media of communication
U.S 1st Amendment
-U.S. Constitution 1788
-Bill of rights 1791
-Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise of thereof, or abridging the freedom of speech, or of the press; or the right of people
peaceably to assemble, and to petition the Government for a redress of grievances
U.S 1st Amendment guidelines
-Absolutist perspective
find more resources at oneclass.com
find more resources at oneclass.com
-Balancing tests
-Preferred position
-Rational relationship and compelling state interest
-Vagueness and overbreadth (law is not well written and too broad; effects to many people to
get outcome)
-Constitutionality vs. interpretation of statutes (division of labour, supreme court determines
constitutionality of laws)
Post U.S. Civil War
-10th Amendment
-powers not delegated to the U.S. by the constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the people
-During the 19th century, Libel handle by the states
-14th Amendment
-No state shall make of enforce any law which shall abridge the privileges or immunities
of citizens of the U.S; nor shall any State deprive any person of life, liberty of property, without
due process of law; nor deny to any person within its jurisdiction the equal protection of laws
-Incorporation doctrine (state laws have to be incorporated into constitutional laws)
20th Century Sedition in the U.S.
-World war I 1914-1918
-Espionage Act 1917
-Sedition Act 1918
-Schenck v. U.S 1919
-clear and present danger rule
-Fire in a crowded theater analogy
-Most of the Sedition act was repealed in 1921 and much of the Espionage Act was only
applicable in the time of war
-Alien Registration Act 1940
-Dennis v. U.S 1951 (communists convicted for plan to overthrow government)
- Gravity of the evil standard
-Yates v. U.S 1957 (supreme court reversed conviction of 14 communists)
-Brandenburg v. Ohio 1969
-Imminent lawlessness standard
failing to persuade people to commit acts of lawlessness = protected speech
successfully persuade people to commit acts of lawlessness= unprotected speech
Prior Restraint
-Near v. Minnesota 1931
-Foundation Case
-New York Times v. U.S 1971 (cannot publish information because it threatens national security,
national relations, etc..)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
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