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 of the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
“freedom of speech necessarily includes the right to read, view, hear and think about the expression of others.”
“reading” includes more than text, i.e., drawings, paintings, photographs, electronic representations of visual images.
presenting Bill of Rights tried to add constraints for states but did not pass with this added
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.
1868 passage of the 14th amendment
1925 Gitlov socialist distributed communist literature, arrested under NY anarchy law of 1902.
Gitlow vs NY state
passed shortly after the Bill of Rights became law and placed certain constraints on speech which have been imposed on American public.
Sedition Act of 1798
–in case of censorship wanted book bought from Frenchman on astronomy and geology. Jefferson’s bookseller purchased book for Jefferson but book contained assertions about origins of earth that were offensive to some religions and thus illegal to sell book in Virginia.
1814 Thomas Jefferson
one of your rights that stops the government from preventing you from making a statement or publishing a story; the government may prosecute you afterwards as a consequence of having done so
in the 1950s and 1960s, cigarette brands were frequently sponsors of television programs.
In April 1970, Congress passed the _______________ banning the advertising of cigarettes on television and radio starting on 2 January 1971.
Public Health Cigarette Smoking Act
effective 22 June 2010 prohibits tobacco companies from sponsoring sports, music, and other cultural events.
Family Smoking Prevention and Tobacco Control Act
audio advertisements are not permitted to contain any music or sound effects, while video advertisements are limited to static black text on a white background. Any audio soundtrack accompanying a video advertisement is limited to words only, with no music or sound effects.
Tobacco Control Act
signed Tobacco Control Act
President Barack Obama
Crime to write or publish any “false, scandalous and malicious writing or writings” against the government of the U.S., either house of Congress or the president
Sedition Act of 1798
– freedom of speech or of the press required only the right to speak or publish,
–But not to be immune to the consequences of speaking or publishing
–Government at liberty to create laws that would punish people for certain kinds of speech or publication.
Alabama prosecuting Martin Luther King, Jr for tax evasion and perjury
Landmark case in 1960
NY Times vs Sullivan
Two interpretations of the word
“press”– freedom of the press = freedom to print, have the right to print and distribute an idea, point of view or some information you wish public
–A collection of organizations, most of them for profit, that function to inform the public.
an Australian journalist programmer, and internet activist who considers himself an ethical hacker.
Guardian in 2010 wrote the WikiLeaks website is dedicated to being an “uncensorable system for untraceable mass document leaking.
announced that he would be leaving the Ecuadorian embassy "soon." While acknowledging that his health had "deteriorated," he emphasised that the announcement was prompted by "a range of important legal developments in the United Kingdom."
in its 3 July 2015 edition published an open letter from Assange to French President François Hollande where Assange urges the French government to grant him refugee status. Assange wrote that “only France now has the ability to offer me the necessary protection against, and exclusively against, the political persecution that I am currently the object of.”
Paris newspaper Le Monde
Speech that is not protected:
Harmful to children
Disgusting and psychologically painful speech
is irreverence towards religious or holy persons or things
extremely problematic and very controversial. Especially troublesome when causes violence.
was acquitted last month of the most serious charge he faced — aiding the enemy — but was convicted of multiple other counts, including violations of the Espionage Act, for copying and disseminating classified military field reports, State Department cables, and assessments of detainees held at Guantanamo Bay, Cuba
is a program that removes copy protection from a DVD
programmer one of three who created DeCSS was convicted in Norwegian courts of violating similar Norwegian law in 2000.
several studios sued him and two others, and the magazine for publishing DeCSS code on their website. Defendents argued that DMCA was unconstitutional, lost case and appeal. Did not take it to the Supreme Court.
Universal Studios, Inc vs. Reimendes,
72 people including Andrew McLaughlin made DeCSS code available online. Cailfornia Appeals Court ruled in favor of McLaughlin saying at time of posting this code was widely circulated and was pure speech and not subject to restraint as trade secret
DVD Copy Control Assoc vs. McLaughlin
leading proponent of utilitarianism
John Stuart Mill
Two parts to his John Stuart Mill
–Opinion which might be tasteful could end up being true
–Even if opinion is obviously false, suppression of false arguments weakens the arguments for the truth, i.e., public can become fooled by false arguments in the future.
blue line in book mobile, everything below children could check out, everything above for adults only.
James LaRue, New Inquisition
were banned from Detroit public library
Baum’s Land of Oz books
the interception and removal of messages in a network to prevent them from reaching their destination
consortium of Univ of Toronto, Harvard, Cambridge and Oxford to measure and report on Internet filtering and control of access to various types of information. Studied 40 countries
OpenNet Initiative (ONI)
ONI presented four categories of filtering:
–Politics and power
–Social norms and morals
–Security concerns–Network tools
– software facilitating the sharing of information such as translation software, anonymizers, blogging services, search engines
Miller test: for defining obscene materials:
1)The average adult person, applying community standards, would find that the work, taken as a whole, appeals to the prurient interest of the viewer.
2)The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law.
3)The work, taken as a whole, lacks serious literary, artistic, political, or scientific value (aka the SLAPS test).
legal term; charged against museum director in the 1990s for displaying Robert Mapplethorpe’s photographs
the media, such as the Internet, newspapers, and television, through which communication travels