Media Law Ch2

• truth will always prevail.
• Milton believed in the Market place of ideas, with some limitations. lies, or evil negative things should be limited.

• Milton
• -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.

• 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.

• German publisher charged with seditious libel.
• good lawyer-hamilton
• 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.

• Leaflets to soldiers encouraging not to enter the draft.
• Holmes...Court ruled on clear and present danger

first amendment protects freedom of speech as long as that speech doesn't present a clear and present danger to others.

• 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 arguing that the state laws should protect the liberties protected in the bill of rights.
• 14th amendment!!!