JRLC5040 Book Notes

JRLC5040 Book Notes - JRLC5040 Chapter 2 First Amendment...

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JRLC5040 Chapter 2 First Amendment excludes: - Expression endangering national security - Incites a riot - Fighting words - Infringes on copyright - After dissemination if damages reputation or invades privacy PURPOSE OF FIRST AMENDMENT 1. Attainment of truth - Marketplace of ideas - Best test of truth - Free competition of ideas furthers the search for truth - Critics of the marketplace o Question whether consolidation of the media unduly restricts circulation of ideas o Metaphor means little to minorities, dissidents, and fringe groups if can’t gain access to monopoly media 2. Governance - Assure and effective system of freedom of expression in a democratic society - Meiklejohn: to aid citizens’ understanding of “the issues which bear upon our common life” (nothing should be kept from the people) 3. Check on Government Power - Media is an institutional counterweight to government - Press: expose political corruption if it scrutinizes government operations in a system that recognizes the First Amendment checking function of the press 4. Change with stability - Orderly change - Dissidents may work their ideas into social fabric without violence - Equilibrium maintained in society 5. Fulfillment - Social and political values - Speaking and publishing enriches ones life Regulating Expression - Justice Black’s ABSOLUTISM: first amendment protects absolutely (no support from court; found unrealistic) o Two kinds of speech that are protected absolutely: Critical of the government To broadcasters fulfilling equal time requirements by the FCC
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- Judicial practices guaranteeing maximum freedom of expression: o Judicial review o First amendment due process o Bias against regulating expressive content Judicial Review and Fourteenth Amendment - Federal Court has power of constitutional review federal judge can determine whether a law in judge’s jurisdiction unconstitutionally restricts freedom of speech - Federal judges: final guardians of free expression, appointed for life, objective, free of political pressures - Fourteenth Amendment prohibits state from enforcing a law that would: o Abridge the privileges or immunities of citizens o Deprive a person of life, liberty, or property without due process of the law o Deny any person equal protection of the laws - Adopt 1868 to end dual citizenship (state and federal) o Give blacks full citizenship after Civil War o Late 19 th century, enforcement against state laws/action that violated citizen’s constitutional rights CASE: GITLOW V. NEW YORK 1925 - Assumed first amendment rights protected abridgement by congress - Among the fundamental personal rights and liberties protected by due process - NY statute convicted Gitlow for publishing manifesto to overthrow the government - Court did not strike down statute CASE: NEAR V. M INNESOTA 1931 - Court struck down state statute violating freedom of press - Statute permitted prepublication restraints on “malicious, scandalous, and defamatory” publications - Incorporation: supreme court incorporates various clauses of Bill of Rights into 14
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JRLC5040 Book Notes - JRLC5040 Chapter 2 First Amendment...

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