Week 5 - • When can we suppress speech • Imminent...

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Week 5 Civil Liberties o Rights that are guaranteed to individuals Absolute Approach Government cannot do anything to infringe on this right Obscenity (obscene) is not protected speech Relative Approach Our expression of civil liberties have to be balanced against a need for order in society 1 st Amendment Freedom of speech Just found in our country Made it illegal to criticize our government Schenck vs. United States 1919 Clear and Present Danger Test If speech presents clear and present danger, that an evil will take place, then the speech can be oppressed. “You cannot falsely shout fire in a crowded theater” Freedom of speech is defined by people at the fringes of the limit, not the people in the middle ACLU – American Civil Liberties Union Brandenburg vs. Ohio - 1969
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Unformatted text preview: • When can we suppress speech? • Imminent lawless action Defamation • Speech that is false and damaging Liable • False and damaging in published form Slander • False and damaging in spoken form o Public Official Someone serving to the government in some way or someone they appoint. New York Times vs. Sullivan – 1964 • Civil rights movement o Alien & Sedition acts were unconstitutional o Minor factual errors is not sufficient to prove liable o Public official must demonstrate actual malice o Reckless disregard for the truth • Wanted to avoid the “Chilling Effect” o What would happen if we had a low burden of proof Gertz vs. Robert Welch • Due Diligence standard o Publisher knew or should have known that the statements were false or damaging...
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