Unprotected Speech PowerPoint by folsomcom

VIEWS: 7,172 PAGES: 14

									The First Amendment and unprotected speech
Read this powerpoint and take notes as you follow along. There’s an assignment at the end to complete by Monday. 

Unprotected speech






The Supreme Court has ruled that we can’t just say whatever we want whenever we want. In other words, The First Amendment is not absolute. A few public interests— national security, justice, personal safety — override freedom of speech. There are NINE kinds of unprotected speech. The following types of speech are NEVER protected by the Constitution.

1. Defamation/libel






Defamation: to damage a person’s reputation or good name by slander (spoken) or libel (written). Examples could be words or pictures that expose a person to hatred, shame, disgrace, contempt or ridicule, that injures his reputation or causes him to be shunned, or that could damage him in his occupation. In order to prove you’ve been “libeled” you must prove the information is false. If it’s true, it can run.

2.Obscenity
Works, when taken as a whole, do not have serious literary, artistic, political or scientific value, usually due to content.  This is VERY difficult to prove.  Community standards typically decide what is obscene and what isn’t.  Obscenity is not the same thing as profanity.


3. Invasion of privacy
The violation of a person’s right to be free from outside interference or publicity which causes mental distress.  Public officials (ex: politicians) and public figures (ex: celebrities) have limited rights of privacy.


4. Copyright infringement






This protects photographs, song lyrics, CD covers, advertising designs, cartoon characters, slogans, titles and phrases from being used for commercial gain. Fair use allows journalists to speak editorially or to cover as news items copyrighted items (like a music or movie review). There are limits as to how much of an item you can reproduce. Napster, anyone?

5. Incitement to break the law
It is illegal to encourage or inspire others to break the law.  Example: You cannot encourage a group of people to break into an office to steal personal or financial records even if you believe those records would help disclose criminal activity.


6. Fighting words
This is language likely to provoke a fight or that are likely to cause immediate violence among ordinary men.  Hate speech can fall into this category.  This is a difficult area to prove in a court of law. There has to be evidence that the only reaction of a reasonable person would be violence.


7. Clear and present danger
Speech that has clear and immediate threats to national security.  This is why you can’t threaten the president or report secret military plans or threaten to blow up an airplane as you wait in line at the airport.  Yelling fire in a crowded theatre would also constitute clear and present danger.


8. Advertisements for illegal products
Publications cannot accept advertising for products or services that are illegal.  For high schools, this includes liquor and cigarettes, as those are illegal for the vast majority of our readers.


9. Speech disruptive to school activities


 



High school students cannot print content or information that substantially disrupts the school day. This also includes spoken words and actions. You couldn’t write an editorial asking for students to walk out of class at a certain time to protest a new policy. Such action would cause disruption to normal activity. You cannot call in a bomb threat to school to avoid taking a test that day.

Your Assignment for Monday, Jan 26


Write a paragraph convincing me of the MOST IMPORTANT type of unprotected speech. Which one of the nine is absolutely essential to maintaining order in a country with “free speech”? What might happen to the country if that particular area of speech were suddenly protected or allowed? Give at least three reasons to support your answer.

Your Assignment for Monday, Jan 26
 

Post your responses on our class blog Folsomjournalism.blogspot.com

Unprotected Speech: What’s your fav?
   
    

Libel/Defamation Obscenity Invasion of Privacy Copyright Infringement’ Incitement to Break Law Fighting Words Clear and Present Danger Advertisements for Illegal Activities Speech Disruptive to School Activities


								
To top