development of freedom of speech
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Development of Freedom of Speech. Chapter 2. Benjamin Harris’s paper Shut down after 1 st issue. Andrew Hamilton (hand extended) defends Peter Zenger. Speech as “ the ” American right?. First Amendment’s absolute wording Congress shall pass no law - PowerPoint PPT PresentationTRANSCRIPT
Development of Freedom of Speech
Chapter 2
• Benjamin Harris’s paper• Shut down after 1st issue
Andrew Hamilton (hand extended) defends Peter Zenger
Speech as “the” American right? First Amendment’s absolute wording• Congress shall pass no law
• Cf. “unreasonable search and seizure”
• Cf. freedom from excessive bail
• “First-ness” a quirk of history
Anti-speech legislation usually associated with wartime
•Alien and Sedition Acts•Espionage Act•Smith Act
Patriot ActPassed swiftly in response to 9/11Provides extraordinary executive powers
Makes FOIA requests more difficultExpands use of “national security letters”
Development of First Amendment doctrine
Charles Schenck
Schenck v. U.S. (Clear and Present Danger test)
Abrams v. U.S.(marketplace of ideas)
Jacob Abrams
Gitlow v. New York(applies First Amendment to states)
Benjamin Gitlow
Whitney v. California(more speech, not “enforced silence”)
Brandenburg v Ohio(imminent lawless action)
Clarence Brandenburg
Some applications of Brandenburg test
(Herceg v. Hustler)
Some applications of Brandenburg test
(Rice v. Paladin Enterprises)
Some applications of Brandenburg test
(American Freedom Defense Initiative v. WMATA)
Some applications of Brandenburg test
Olivia N. v. NBC (Born Innocent)
Byers v. Edmondson (Natural Born Killers)
Some applications of Brandenburg test
Million Youth March
Theories of Freedom of Speech
Freedom only from Prior Restraint?AbsolutismKennedy’s “absolutism with exceptions”MeiklejohnianAccess BalancingTwo StepAd HocPreferred Position
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A Prior Restraint case from the Cold War era
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A riff on “absolutism”
Why is Free Speech Important?
Seeking Truth• J. S. Mill• DuVal’s Pact with the Devil
• Jensen’s “Pot Luck”
Robert Jensen
Why is Free Speech Important?
Self-Fulfillment
C Edwin Baker
Why is Free Speech Important?Self-Governing
Alexander Meilkejohn
Why is Free Speech Important?
Safety Valve
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Why is Free Speech Important?
Checking Function Lousy People
What does Free Speech protect?
Speaking and Publishing
What does Free Speech protect?
Choosing NOT to speak
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What does Free Speech protect?
Listening or Reading
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What does Free Speech protect?
Symbolic Conduct
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Time, Place and Manner restrictions
Keep it down in there, will you?
Public Forum Doctrine
•Pure (quintessential)•Limited•Non-public
The Business of Communication:The government as speaker?
The Business of Communication:The government as speaker?
The Business of Communication:Antitrust
The Business of Communication:Taxation
The Business of Communication:Workplace Law
My BFOQ’s got me this gig.
Student Speakers
Mary Beth Tinker
Student Speakers
Matthew Fraser
Student Speakers
Kathy Kuhlmeier
Student Speakers
Student Speakers
Justin Layshock
Government EmployeesMarvin Pickering
Government Employees
Former judgeVincent Sicari (aka “Vince August”
First Amendment & Soldiers