Media Law Ch2
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Media Law Ch2
Media Law ch.2
mL chapter 2. part 1
truth will always prevail.
Milton believed in the Market place of ideas, with some limitations. lies, or evil negative things should be limited.
Market place of ideas
-idea that there should be freedom of speech so that all ideas have a chance to be heard, considered and compete for attention and believers.
required licensing and registration of printing presses.
-Kings wanted to stay king...this allowed for him to control the media.
Social Contract Theory
the government were the servants of the people, not the other way around.
GOvernment should safeguard natural rights.
(right to life, liberty and property of ownership...freedom of expression)
***Led to the end of the licensing system***
the crime of criticizing the government or government officials.
Attorney general v. Zenger
German publisher charged with seditious libel.
not guilty, but set no precedent.
Hamilton asked the jury to ignore the precedent of "the greater the truth, the greater the libel" because that is not a crime.
made it a federal crime to speak or publish seditious ideas about the government.
Overturned by Jefferson when he became president.
concept that truth should be a libel defense.
safeguards the basic civil rights of their residents.
Schenck v. U.S.
Leaflets to soldiers encouraging not to enter the draft.
Holmes...Court ruled on clear and present danger
Clear and Present danger test
first amendment protects freedom of speech as long as that speech doesn't present a clear and present danger to others.
Abrams v. U.S.
leaflets to soldiers not to join draft.
Holmes decision based on the precedent of clear and present danger.
Convicted because not joining the draft aids the enemy, which is a danger.
Gitlow v. New York
Gitlow arguing that the state laws should protect the liberties protected in the bill of rights.