J300 Chapter 2

J300 Chapter 2 - J300 Fargo Spring 2009 Study Guide for...

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J300 – Fargo Spring 2009 Study Guide for Chapter 2 The questions below are designed to help you study as you read Chapter 2 of the Trager- Russomanno-Ross textbook. There are no guarantees that all of these questions will be on the exam, and there may be questions on the exam that are not here (from lecture notes and additional readings, for example). 1. What does the First Amendment say? “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.” 2. What were the contributions of Milton, Locke, and Rousseau to early thinking about freedom of speech and the press? -Milton: an open marketplace of ideas advanced the interests of society and mankind. -Locke: all people have fundamental natural rights like life, personal liberty and self- fulfillment. Government exists only through the grant of power from the people. -Rousseau: said all people are born free and equal unless constrained by morality and law, would become brutish and violent. 3. What is a prior restraint? What were its origins in the English-speaking world? Definition: stops speech before it is expressed and halt presses before publication. Government prohibits the work before it is published. Origins: In 1694, the British Parliament failed to renew the Liscensing Act, which had authorized parliamentary prior restraint of publications. For the next hundred years the British government continued to enact and enforce laws that punished immoral or dangerous speech. In 1769, Sir William Blackstone, a judge, said that under English common law, freedom of speech meant only that government could not censor speech prior to publication. 4. What was John Peter Zenger’s place in American free-press history? He was the publisher of one of two newspapers in the colony of New York. He was a German immigrant who had broke the sedition law by printing the criticism of colonial Gov. William Cosby. Cosby put him in jail and Zengers attorney, Andrew Hamiliton argued that no one should be jailed for publishing truthful and fair criticism of government. Jury agreed and aquitted Zenger. Few trials for seditious libel occurred after that ruling.
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J300 Chapter 2 - J300 Fargo Spring 2009 Study Guide for...

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