to EXPRESS yourself Feel free
Nov 15, 2014
to EXPRESS yourself
Feel free
No country is more
PROTECTIVE of their
right to free speech
than the USA.
What gives us thisFREEDOM?
THE FIRST AMENDMENT states that we have the RIGHT to
Exercise our religious beliefs
Be protected from a state religion
Free speech and free press
Assemble freely
Petition to remedy grievances
Does this mean we are free to
say ANYTHING WE WANT?
No.
The first amendment only
protects us from the
GovernmentNot private citizens
You can’t be protected
if you express yourself
on
However, it applies to
ALL levels of government.
The first amendment preventsRESTRICTIONS
on press PRIOR to publishing.
There are 4 exceptions
Obstruction of military recruitment or the publication of sailing dates, the number or location of troops
Obscenity
Incitements to violent overthrow of the government
Protection of private rights according to equitable principles
The government CAN restrict free press when it is UNSAFE not to do so
However, theNEAR STANDARD
must be met
(“direct, immediate, and irreparable damage to our Nation or its people”)
These PRIOR RESTRAINT ORDERS come in three forms.
are for immediate relief when action will result in IRREPARABLE INJURY.
TEMPORARY RESTRAINING ORDERS
are granted when there is proof of the IRREPARABLE HARM and they are likely to win the case.
PRELIMINARY INJUCTIONS
is the last order, to stop the action forever.
A PERMANENT INJUNCTION
With new technology, the guidelines for
TRO’s are harder to
FOLLOW.
Part of this is from the
STREISAND EFFECT.
Censoring material on the internet causes greater
INTEREST, as shown by BARBARA STREISAND.
The meaning of FREEDOM OF EXPRESSION has expanded beyond
restricting prior restraint.
Any statute that causes a CHILL from others, rendering them afraid to speak their minds, can be struck down.
This can come from being tooB R O A D
or too
VAGUE.
BROAD statutes can be limited down to prevent intrusion over free speech
VAGUE statutes can be CLARIFIED
to protect from subjective enforcement.
Even though free speech isPROTECTED
certain limits do apply.
Media is protected based on TYPE.
Print media is given the
HIGHESTprotection.
Broadcast media has to follow certain REGULATIONS but content is often protected.
The INTERNET is harder to classify.
In 1997, it was granted FULL protection, when previously it
was given restrictions that wereUNCONSTITUTIONALfor other media.
Expression is also limited when it poses a THREAT.
Other than that, speech cannot be restricted based onCONTENT.
Regulations are put under
one of 3 forms of review if they try to limit speech.
STRICT SCRUTINY demands specifics be narrowed down, HEIGHTENED SCRUTINY are for those that don’t target a particular idea, and the RATIONAL-BASIS TEST is used to determine if the regulation is sound.
There is aTIME,
PLACE, and
MANNERfor expression.
PLACES are divided into forum tiers.
TRADITIONAL PUBLIC FORUMS
are public spaces that have always been available for speech.
Restrictions in such places are underSTRICT SCRUTINY.
DESIGNATED or LIMITED PUBLIC
FORUMSare places that are OPENED up to public use for expression.
There are specific conditions forRESTRICTING
expression is such places.
Content neutral.
No complete bans of speech! Options available.
Specifically for a substantial interest with no more restraints than necessary.
NONPUBLIC FORUMSare public areas not available for speech, and are open to restraints.
What does the INTERNET
count as?
Right now, it seem hard to tell.
It seems possible it might be a PUBLIC FORUM,
but other sites may be
NONPUBLIC FORUMS.
With the Internet, forums don’t have to bePLACES
but can represent them.
Verbal SPEECH is not the only expression that is protected.
ASYMBOLIC expressions are also covered in the first amendment, assuming a message is present.
It still can beREGULATED,
but there are a few questions that must be answered first.
/run Computer code
>is
>BOTH
>speech
>and
>nonspeech.
It can be regulated when the restriction is
CONTENT NEUTRAL.
Student speech is much more
LIMITEDon campus than off.
ALLHowever, students do not lose
their rights when entering school.
Their rights can be restricted when expression DISRUPTS class, involves DISORDER, or INVADES other’s rights.
Disliking CONTENT is not a justifiably
restriction.
LEWDexpression is not allowed, and neither is promotion ofILLEGAL
SUBSTANCES.
Just as important as protecting what you SAY is protecting your right to say
NOTHING.
So feel freeto say what you need to say.
And keepquietabout the things you don’t want to say.
Photo Credits :
http://internetbusinessmastery.com/images/freedom%20of%20expression.jpg http://www.defense.gov/dodcmsshare/homepagephoto/2006-08/hires_flag060805-N-3271W-006.jpghttp://www.mindingthecampus.com/originals/free%20speech.bmphttp://www.thecolorawards.com/gallery/photos/6/800/163681-Private_Property.jpghttp://www.flickr.com/photos/tzofia/377108781/sizes/o/in/photostream/http://www.georgiareporter.com/wp-content/uploads/2011/04/6-1024x684.jpghttp://www.aswetravel.com/wp-content/uploads/2010/09/freedom-travel.jpghttp://www.flickr.com/photos/69805768@N00/3292899689/sizes/l/in/photostream/http://www.flickr.com/photos/phreak20/3414830335/sizes/o/in/photostream/http://www.mattedmundson.com/wp-content/uploads/2010/06/Confused-man-509x338.jpghttp://selfempowermentsecrets.com/wp-content/uploads/2011/04/Self-Empowerment-by-Fostering-skillful-speech.jpg
Information from :
Packard, Ashley Packard. Digital Media Law. Wiley-Blackwell, 2011. Print.