Things not protected by free speech Flashcards
Things not protected by free speech (12)
- Libel and Slander
- National Security
- Privacy
- Contempt of Court
- Copyright
- False Advertising
- Can’t interfere w/ Administration of Justice
- Compelled Speech
- Speech Codes on College Campuses
- Threats and Harassment
- Schools
- Obscenity
Libel and Slander
-you cannot falsely defame someone’s character
-libel is written, slander is spoken
-rules are different for public figures; public figures must find actual malice which proves that the defendant knew the speech was false (for average people, simply show the falsehood resulted from negligence)
National Security
-can restrict speech of it endangers the country
-social harm criteria
-Schneck Court case
-don’t have the right to publish classified government info
-Pentagon Papers court case
-Freedom of Information Act
Schneck v United States Court case
-Schneck handed out leaflets encouraging refusal to be drafted – argued to be a threat to national security but later said it was protected by free speech because it did not present a “clear and present danger”
Pentagon Papers Court Case
-Daniel Ellsberg made copies of Pentagon papers
-Nixon administration attempted to prevent NYT and Washington Post from publishing Pentagon Papers
-Supreme Court rules in favor of Ellsberg as an attempt of prior restraint by the government
Prior Restraint
a form of censorship that allows the government to review the content of printed materials and prevent their publication
Freedom of Information Act
information can’t be kept secret by the government forever, so that the public can access the information
Privacy
-don’t have right to use someone else’s name or likeness for commercial purposes without their permission
Contempt of Court
-judge has right to maintain discipline in court
Copyright
-can’t present someone else’s material as your own
-many forms can be protected by copyright
-exceptions to copyright are fair use
Fair Use
can use snippets of other’s work
False Advertising
-can’t lie about your products
Can’t interfere with Administration of Justice
-can’t interfere with someone’s right to a fair trial
-gag orders: a judge’s order that a case may not be discussed in public
Compelled Speech
-can’t force people to say or print things
Ex: can’t force kids to say pledge of allegiance
-court of law exception
Court of Law exception meaning
if a court rules that you have material that’s essential to a court case, you have to provide it
-Shield laws prevent this
-journalists disagree with this
