Free Speech: “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 to peaceably assemble, and to petition the government for a redress of grievances.” (imminent harm to public safety) [Fought, Slide 1:47]
• Limits – public safety (Feiner), Incitement/True Threats (Brandenberg) or media because of intent or foreseeability, Prior Restraint,(NYT v. US Pentagon Papers),
Legislation might be unconstitutional
• Injunctions (restraining order), Contracts, Licensing (content neutral regulations)
• Licensing ▯ time, place, manner restrictions (aimed at specific problem and non-biased)
Feiner: not arrested for speech (thought he was inciting a riot), dissent (not a big deal he didn’t obey officers), make arguments based on rules
Strict Scrutiny – employed when government actions are specifically aimed at restricting the content of expression ▯ regulation on content (W.Wat Hopkins, pg. 48).
• Is there a compelling government interest?
• Is the regulation necessary and narrowly tailored?
Intermediate scrutiny – When speech and nnn-speech elements combine in expression, a governmental interest in regulating the non-speech elements of the communication can
justify incidental limitations of FirstAmendment freedoms. ▯ burning draft card (W.Wat Hopkins, pg. 49)
• Is the government regulation within the constitutional power of the government?
• Does the regulation further an important or substantial government interest?
Corporate Speech & Regulating PR
MORE RIGHTS (Journalist, Corporation, Political Speech,Advertiser, Navy Seal, High School Journalist, Convicted Corp. Exec.) LESS RIGHTS
Why do corps have free speech? Way to find truth, better governance, check on government power, safety valve (change with stability), individual liberty
least to most protection: commercial speech, corporate speech, individual speech, political speech
First National Bank of Boston v Belotti. The court said the Bank's speech is “ indispensable to decision-making in a democracy, and this is no less true because the speech
comes from a corporation rather than an individual. The inherent worth of the speech…does not depend upon the identity of its source…”
Brandeis – remedy to be applied is more speech, not the government or silence
• Limits on individuals contributions to candidates, party committees and PACs
• Limits on corporate contributions
• Independent v coordinated expenditures (what limits)
• Disclosure of spending “in connection with a federal election”
FTC sanctions (what can it do?)
• Warning letter, consent order, corrective advertising, cease and desist order (court issue or injunction), civil or criminal penalties
• Material representation, omission or practice
o Likely to affect a consumer decision
• Likely to mislead
• A reasonable consumer who boys/