Communication 363

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Communication 363

• Module 1 First Amendment Review

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1st Amendment

• Congress shall make no law respecting an
  establishment of religion, or prohibiting the
  free expression 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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Lets examine it closely

• Who is restricted? 
• Congress ... by extension the federal gov
• 14th Amendment extends to state gov
• Does not extend to private individuals
• What is the restriction?
• make no law (statuatory administrative)

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Lets examine it closely (cont)

• What does abridge mean?
• Vague still being clarified through courts
• Basic meaning is to restrict/constrain/interfere
• What does freedom mean?
• Free to say what you want to say
• Free to not say anything
• Right to hear others views

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Lets examine it closely (cont)

• What is speech?
• Oral communication Talking, speeches
• Written material poster? flyer? pamphlet?
• Burning a flag? Cross? Draft card?
• Email? Chat rooms? Discussion groups?
• Multimedia web pages? (images, video)
• Video games?

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Lets examine it closely (cont)

• What is the press?
• Originally, newspapers (4th estate)
• Radio/television news (5th estate)
• Now news minute by minute on Internet
• Goal was to protect dissemination of news
• Sitcoms, ads web pages also press?
• Key legal issues waiting to be examined

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Lets examine it closely (cont)

• Are speech and the press different?
• Some argue merely redundant
• Some argue wording emphasizes distinction
• Wording sounds pretty absolute is it?
• Exceptions?
• Under what conditions?
• For what rationale/philosophy?

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1st Amendment foundations

• Free communication basic to our society
• Allows a marketplace of ideas
• Essential for self-government
• Key to self-fulfillment
• Check on governmental powers
• 1st Amendment concerns pervade all forms of
  regulation of electronic media...

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What are the exceptions?

• Despite no law, gov does abridge!
• Bad tendency test
• Clear and present danger test
• Imminent lawless actions
• Balancing test used most often
• Restrictions must pass strict scrutiny

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Applying Restrictions On Speech

• Prior restraint Rare, problematic
• Injunctions
• Prepublication agreements
• Licensing
• Discriminatory taxes
• Punishment after publication common

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Time, place, manner restrictions

• Must be content neutral
• Must serve substantial governmental interests
• Must be narrowly written/applied
• Must allow alternative means of expression