Speech

Types of speech protected or Not by the 1st Amendment

Pure Speech

• the verbal expression of thought and opinion before an audience that has chosen to listen

Symbolic Speech• the use of actions and

symbols, in addition to or instead of words, to express opinions

1968 Olympics Tommy Smith and John CarlosSymbolize “Black Power” when receiving theirMedals for the 200 meter dash.

Seditious Speech• speech urging resistance to lawful authority or advocating

the overthrow of the government, not protected by the 1st Amendment.

Eugene Debs was found guilty of sedition under the “Sedition Act of 1918” criticizing Woodrow Wilson when the United States entered World War 1. Debs was sentenced to 10 years in prison and was later pardoned by Woodrow Wilson.

Defamatory Speech• false speech that damages a person’s good name,

character, or reputation, not protected by the 1st Amendment.

Slander• false speech intended to damage a person’s

reputation

US Grant-drinking

Libel• false written or published statements intended to

damage a person’s reputation, not protected.

"Famous Woman Crack Shot ... Steals to Secure Cocaine.“

"stealing the trousers of a negro in order to get money with which to buy cocaine."

Annie Oakley libel suits

Paper owned by William Randolph Hearst (New York Post)Wrote:

She sued and won!

Plagiarism

• the practice of taking someone else's work or ideas and passing them off as one's own.

• Very easy to distinguish in today’s electronic age.

• If you get caight in college, brace yourself• Grammerly:– “Grammarly is the world's most accurate

grammar checker. Will also check plagiarism.”

1. David Schwimmer sued former Hollywood fund-raiser Aaron Tonken alleging that Tonken told the National Enquirer that two Rolex watches were required by Schwimmer in order to attend the charity dinner.

2. Sharon Stone sued plastic surgeon Renato Calabria alleging that he falsely told reporters that she had undergone a facelift.

3. "Wheel of Fortune's" Vanna White sued because someone used a robot-like figure with a wig standing before a letterbox similar to that used by Wheel of Fortune.

4. Bette Midler received $400,000 when she sued for a similar voice that sang on a commercial.

5. Dustin Hoffman, won $3 million from a Los Angeles fashion magazine for a Tootsie takeoff.

6. Robin Williams is suing a celebrity look-alike Michael Clayton and his agent, Michael Pool, saying Clayton is being passed off as the real Williams.

7. The British Sun is being sued by Cameron Diaz over a story that implied Diaz was having an affair with a married man with bipolar disorder.

8. Nelson Mandela has filed a lawsuit against a former associate in order to protect his name and a number of original paintings that he had signed alleging forgery by his former associate.

9. Famed British couple, David and Victoria Beckham, are suing their former nanny for telling the tabloids that their marriage is in trouble. According to the lawsuit, the nanny's contract contained an agreement not to talk about the celebrity couple's private lives.

10. Cameron Diaz sues a photographer over topless photos. The photographer says he has a signed model release and Diaz says not.

11. Mexican dog psychologist, Cesar Millan, also known as the "Dog Whisperer" is being sued for copyright infringement, breach of contract and breach of confidential relationship.

12. Talk-show host Maury Povich is being sued by his producer for allegations of sexual harrassment in the workplace.

13. Charlie Sheen, star of "Two and a Half Men" is being sued by a woman who is claiming that the wacky, stalker lady next door is modeled after her.

14. TV Producer, Aaron Spelling is suing his nurse for defamation and breach of contract.

15. Jane Pauley is suing the New York Times for invasion of privacy in divulging her struggle