unprotected speech law and ethics unit. freedom of speech congress shall make no law respecting an...
TRANSCRIPT
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Unprotected Speech
Law and Ethics Unit
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Freedom of Speech• Congress shall make no law respecting
an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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Freedom of Speech• But it does have some restrictions….
• If it is underlined. YOU MUST WRITE IT. It probably is on the test! :)
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1st area
• Obscenity- Expression must meet a three-part obscenity test established in 1973
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The Miller Test• 1st part: Would it be considered morbid
by the community (not national)?
• 2nd part: Is sexual misconduct clearly depicted in an offensive way?
• 3rd part: Whether the work, taken as a whole, lacks serious literary and/or artistic, political, or scientific value.
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2nd area of Unprotected Speech
• Defamation-Injury from published communication (libel) or spoken words (slander)
• To win a defamation suit must claim all 4 parts of PIHF
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The PIHF Checklist• Publication- ・ A statement is
"published" if it is communicated to someone other than the person whom the statement is about.
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The PIHF Checklist• Identification Where you
successfully omit or alter a subject's identity, they cannot successfully sue you for libel.
• Every story should clearly state what facts have been altered.
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The PIHF Checklist• HARM A statement is harmful if it
seriously shames, ridicules, disgraces or injures a person's reputation or causes others to do so. Statements that are mildly embarrassing or merely confusing or inaccurate will not meet the "harm" test.
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The PIHF Checklist• Statements that associate
someone with a vile disease.
• Statements that accuse someone of illegal behavior.
• Statements that hurt someone's livelihood.
• Statements that allege racial or religious bigotry.
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The PIHF Checklist• FAULT In order to be "at fault" in
publishing a statement, the person suing must prove that the reporter either did something they should not have done or that they failed to do something that they should have done
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The PIHF Checklist
• People suing for libel who are either public officials or public figures will often have to prove a higher level of fault than an ordinary person.
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The PIHF Checklist• Who is a Public Official?a
public official appears to the public to have a substantial responsibility for or control over governmental affairs.
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THE PIHF Checklist• Who is a Public Figure? There
are two categories:(1) General Purpose Public Figure: a "celebrity," whose pervasive fame or notoriety has made his or her name a "household word."(2) Limited Purpose Public Figure: someone who has voluntarily assumed a leading role in a particular public controversy.
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The PIHF Checklist• In most states, a private person
need only prove that a reporter was negligent, that is, that the reporter made a mistake - perhaps an innocent one - that a "reasonable" reporter should not have made.
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3rd area of Unprotected Speech
• Expression intended and likely to incite imminent lawless action– Examples: Instigating a riot– Shouting Fire in a crowded
theater
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4th area of Unprotected Speech
• Fighting words are written or spoken words, generally expressed to incite hatred or violence and to place the targets of the words in danger of harm
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5th area of Unprotected Speech
• Unwarranted Invasions of Privacy
• (a) public disclosure of private and embarrassing facts
• (b) improper newsgathering• ( c) false light---unflattering/saying
someone is something they’re not• (d) unauthorized use of a person
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6th area of Unprotected Speech
• Deceptive or Misleading Advertisements
• False Advertising
• Small Print or Not ever having item available
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7th area of Unprotected Speech
• Clear and immediate threats to national security
• Example: troop movements during wartime
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8th area of Unprotected Speech
• Copyright Violations
• Using without proper fair use
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9th area of Unprotected Speech
• Expression on school grounds that causes a substantial disruption
• TINKER!