COM 107 CHP 16: Legal Controls and Freedom of Expression

5 Rights protected by the 1st amendment

1. Religion

2. Speech

3. Press

4. Assembly

5. Petition

Models of Expression

Authoritarian- The government actively censors the media that critiques its actions and supports the media that is sympathetic to its agenda and the agenda of the ruling class.

Communist or State- Government “owns” the press and directly controls what it reports.

Social Responsibility- The press is usually privately owned.

Libertarian- No restrictions are placed on the mass media or on individual speech.

New York Times vs Sullivan significance to the 1st Amendment

The Sullivan decision allowed news operations to aggressively pursue legitimate news stories without fear of continuous litigation.

Trace

Why some speech isn’t protected under the 1AM

Fourth Estate

Prior Restraint

The legal definition of censorship in the United States; it prohibits courts and governments from blocking any publication or speech before it actually occurs.

Defamation

the action of damaging the good reputation of someone; slander or libel

Slander

Spoken language that defames a person’s character

Libel

The defamation of character in written or broadcast form that is published.

Right to Privacy

Addresses a person’s right to be left alone, without the person’s name, image, or daily activities becoming public property.

Gag Orders

Legal restrictions prohibiting the press from releasing preliminary information that might prejudice jury selection or cause an unfair trial.

Shield Laws

Laws protecting the confidentiality of key interview subjects and reporters’ rights not to reveal the sources of controversial information used in news stories.

FCC

Regulates broadcasting

Net Neutrality

Requires that providers provide the same level of access to all Internet services and content.

Section 230

Protects “interactive computer service” companies from civil liability for carrying or restricting material “that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.”