Journalism Exam 2

Front 1

Basic First Amendment principles that relate to nude dancing

Back 1

The First Amendment protects more than political speech and the expression of lofty ideas.
The First Amendment protects not only verbal communication but also certain forms of symbolic or expressive conduct.
The First Amendment protects expression that some people may find offensive or disagreeable.
The First Amendment protects sexual expression as long as it does not meet the legal definition of obscenity.

Front 2

What is Definition of Indecency and Obscene (Supreme Court)

Back 2

1. The average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest in sex
2. Depicts or describes sexual conduct in a patently offensive way
3. Taken as a whole, the work lacks serious literary, artistic, political or scientific value.

Front 3

The Federal Communications Commission definition of indecency:

Back 3

"Language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs."

Front 4

Pacifica Case

Back 4

Supreme Court, by a vote of 5 to 4, ruling that the routine was "indecent but not obscene”
The Court accepted as compelling the government's interests in
1) shielding children from patently offensive material
2) ensuring that unwanted speech does not enter one's home.
The Court stated that the FCC had the authority to prohibit such broadcasts during hours when children were likely to be among the audience, and gave the FCC broad leeway to determine what

Front 5

Can Gov’t Ban Speech?

Back 5

YES: Time, Place and Manner Restrictions
1. Must Be Content Neutral
2. Cannot Be Complete Ban on a Particular Kind of Speech
3. Gov’t Must Show Substantial Interest to Justify Ban
4. Ban Must Be Narrow; Not Restrain Speech More Than Is Necessary

Front 6

Types of Free Speech Forums

Back 6

Public and Private Forums

Front 7

Public Forums

Back 7

Greatest First Amendment Rights
Places Traditionally Used for Public Assembly and Debate (Arch, Library, Broad Street)
Gov’t Has Little Ability to Regulate Speech

Front 8

Private Forums

Back 8

Gov’t Can Prevent People From Speaking in Certain Private Forums (My Front Yard)
Gov’t Can’t Stop Someone From Ringing My Doorbell and Handing Me Religious Material Or Soliciting Money BUT Gov’t Can Limit When It Can Be Done
Shopping Malls and Airports?

Front 9

6th Amendment

Back 9

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial

Front 10

Theories of Freedom of Speech

Back 10

Absolutist Theory
Ad Hoc Balancing Theory
Preferred Position Balancing Theory
Meiklejohnian Theory
Access Theory

Front 11

Absolutist Theoryof Freedom of Speech

Back 11

First Amendment Says “No Law”
Speech and Press Absolutely Protected from Government Interference
Problem:
All Rights Subordinate to Speech
Reputation and Fair Trial Not As Important As Freedom of Speech

Front 12

Ad Hoc Balancing Theoryof Freedom of Speech

Back 12

Freedom of Speech and Press Recognized as Important
BUT Other Rights Must Be Balanced Against Freedom of Speech and Press
Courts Must Balance Competing Rights
Problem is that Courts Must Balance Rights Anew in Each Case
No Underlying Theory of Freedom of Speech and Press to Guide the Courts (Does 2nd Amendment apply to States or only to federal gov’t)

Front 13

Preferred Position Balancing Theory of Freedom of Speech

Back 13

Freedom of Speech and Press Foundation of Our System of Gov’t
Gov’t Bears Responsibility for Proving that Speech or Press Should be Lessen (child porn; dogfight)
Preference Given to Freedom of Speech and Press
Theory Most Often Used by Courts

Front 14

Meiklejohnian Theory ofFreedom of Speech

Back 14

Alexander Meiklejohn
Public Speech and Private Speech
Public Speech Deserves Absolute Protection
Private Speech Not Deserving Absolute Protection
What is the Difference Between Public and Private Speech?

Front 15

Access Theory ofFreedom of Speech

Back 15

Freedom of Speech Requires People to Have Access to the Mass Media
No access; no freedom of speech. Only those owning presses have right to speak
Gov’t Should/Must Ensure that People Have Opportunity to be Heard
Used to Regulated Broadcasting

Front 16

Leonard Law

Back 16

prohibits private institutions from maintaining regulations that at their public counterparts would violate the First Amendment

Front 17

naming question is best addressed by considering three main principles:

Back 17

reporting the truth as fully as possible
remaining independent
minimizing harm

Front 18

right-to-assemble clause

Back 18

allows you to protest in
the streets and to join any group you please, whether
for political, religious, social or recreational purposes.