Term
|
Definition
Measuring speech's value:
1. prevent government tyranny (can be a check on inefficient/bad government)
2. Clarifies fundamental values
3. Marketplace of ideas (correlates with higher standard of living/modernity)
4. Critics: free speech promotes radical ideas instability |
|
|
Term
Prior Restraint
&
Court case |
|
Definition
The prevention of an action or of something being published before it has already happened
Near v. Minnesota |
|
|
Term
|
Definition
Can't put a gag on something until it happens...no prior restraint.
journalist's scandal sheet prevented from being published
supreme court ruled it unconstitutional to gag it before published |
|
|
Term
|
Definition
"Reasonable Free Expression"
offensive content = promote violence or disturb the peace
fuck the draft t-shirt
Supreme court = where's the violence |
|
|
Term
| Viewpoint Neutrality Case |
|
Definition
|
|
Term
Reasonable Free Expression
Case |
|
Definition
|
|
Term
Board v. Southworth
or
University of Wisconsin v. Southworth |
|
Definition
"Viewpoint Neutrality"
Student fees:
organizations can't be denied funding based on viewpoint |
|
|
Term
Viewpoint Neutrality
Misconceptions
(2) |
|
Definition
1. does NOT mean all groups get same funding
2. does NOT mean you must fund an opposite viewpoint group
refers to process NOT outcome |
|
|
Term
|
Definition
Time, place, and manner restrictions
Clear and Present Danger Test
asking men to avoid draft for WWI was not protected speech because in a time of war |
|
|
Term
| Clear and Present Danger Test |
|
Definition
Schenk v. United States
Speech is not protected if it creates the evils that congress has a right to prevent
issue of proximity and degree |
|
|
Term
|
Definition
libel: print, symbolic
slander: verbal
NYT v. Sullivan
Malice Standard: must prove it was known to be false, was damaging, and malicious
high burden of proof on plaintiff |
|
|
Term
New York Times Co.
v.
Sullivan |
|
Definition
Malice Standard
Defamation difficult to prove
must prove malice and that it's false
protects the press |
|
|
Term
|
Definition
Brandenburgh v. Ohio
must be:
1. specific
2. imminent
KKK member released: didn't target anyone in specific |
|
|
Term
|
Definition
Incitement to Crime decision
looser restriction than Schenk
must promote specific and imminent crime |
|
|
Term
| Which case makes songs like "Cop Killer" and ambiguous rape, etc., legal? And Why? |
|
Definition
Brandenburgh v. Ohio
Incitement to crime standard
must prove imminent & specific |
|
|
Term
|
Definition
Chaplinsky v. State of New Hampshire
abridge the peace
incitement to crime
fighting words: which in very utterance of abridge the peace and incite crime
lack social value |
|
|
Term
|
Definition
obscenity (Miller Standard)
Fighting Words (clear and present danger) |
|
|
Term
Reasons for Censorship?
(5) |
|
Definition
1. Moral Guardianship
2. Ideological Control
3. Politically Viable
4. Profit
5. Political Correctness |
|
|
Term
Reasons to NOT Censor?
(3) |
|
Definition
1. Anti-Democratic: limits free flow of ideas and distrust of citizens to find truth
2. Relevant Learning: the real world isn't censored and we learn through exposure
3. Symbolic Behavior: blaming game rather than real, substantive action |
|
|
Term
|
Definition
Official: having an agent that supervises conduct or moral
unofficial: everything is censored in some way
|
|
|
Term
Reasons for Censorship
(5) |
|
Definition
1. Moral Guardianship: protecting children for age inappropriateness
2. Ideological Control: keep status quo
3. Politically Viable: Makes politicians look active
4. Profit: artists get profit out of censorship
5. Political Correctness: speech codes |
|
|
Term
Reasons Not to Censor
(3) |
|
Definition
1. Anti-democratic: takes away freedom of choice
2. Relevant Learning: being exposed teaches
3. Symbolic Behavior: blame game versus actually doing something
|
|
|
Term
| Motion Picture Production Code of 1930 |
|
Definition
|
|
Term
|
Definition
Materials whose dominant theme appeals to the prurient interests.
Obscenity = highly offensive and NO social value |
|
|
Term
|
Definition
Based on British Common Law
Reflection of conservative morality
Any material that depraves or corrupts vulnerable populations
Any portion of the work, even out of context
Lowered everythin to children's standards |
|
|
Term
|
Definition
First good example against the Hicklin Test
Work must be taken as a WHOLE
Defined obscenity: leading to sexually impure thoughts
targeted literary work
Raised it to average/reasonalbe person rather than children's test |
|
|
Term
|
Definition
"variable obscenity"
First to take on constitutionality of obscenity
defendant said didn't violate "clear and present danger test"
Balancing Act = come out with hierarchy of tiers for speech protection
Obscenity definition: materials whose dominant theme taken as a whole appeals to average person's prurient interests |
|
|
Term
Roth's Hierarchy of Tiers
(3) |
|
Definition
1. Political, Religious, and Scientific = most protected
2. Entertainment, music, and humor = serves some social value
3. Slander, obscenity, profanity, libel, pornography = NO social value |
|
|
Term
|
Definition
Three Criteria:
1. Average person applying contemporary standards finds it to be of prurient interests
2. Work depicts in highly offensive way patently offensive conduct
3. Has no scientific, social, or redeeming political value |
|
|
Term
|
Definition
Variable Tolerance Standard: If community feels it violates, then they can convict
Authority becomes less defined with "community standards"
Resulted in shutting down of adult shops
if SOME value...protection...not about majority in that case |
|
|
Term
| Applied Case Law: Art on Campus |
|
Definition
1. Balance Test: those offended versus artist's right to freedom
move art, remove art, disucss/educate
2. How Public: if public, okay as long as doesn't violate community standards...if NOT public, can't outright ban it; take content-neutral position
3. Type of Speech: time, place, and manner restrictions...BUT religous, political speech = highly protected
relocation doesn't violate 1st amendment |
|
|
Term
|
Definition
1. Government can interfere if in their interest
2. as long as it doesn't stop freedom of speech
3. AND tailored to that end |
|
|
Term
|
Definition
7 dirty words
less offensive than obscenity |
|
|
Term
| FCC v. Pacifica Foundation |
|
Definition
George Carlin 7 dirty words:
child overheard, and decided to regulate to protect minors
formal regulation on public broadcast
"Safe harbor provision" = ok if late at night |
|
|
Term
|
Definition
| get to make decisions to regulate public broadcast, protect children |
|
|
Term
Private Censorship of
Broadcast Indecency |
|
Definition
private bodies/groups lobbying for indececny restrictions, etc
parents block/turn off tv |
|
|
Term
| Telecommunications Reform Act of 1996 |
|
Definition
Child protection law
anything that depicts offensive materials by community standards, and available to minors, was illegal
everything was censored (Internet)
brought on reno v. aclu |
|
|
Term
|
Definition
rules CDA unconstitutional
too braod and hindered free speech to the level of children
even though some of it was offensive, it could be educational as well
use other tools (filters, etc.) and it's not the job of the state, but of the parents |
|
|
Term
| Supreme Court Pornography definitions |
|
Definition
Byron: no erections, no insertions
Brennan: Limp dick standard
Stuart: Casablanca Test...personal know it when I see it |
|
|
Term
Multiple Definitions of Porn
(3) |
|
Definition
1. anything sexaully explicit, varies by time, place, culture, etc., problem...lumps everything together & no degree of rating
2. sexaul arousal of those who view the material
3. not only sexual arousal, but bad, and goes against social norm, without social merit/value
|
|
|
Term
Elements of Pornography
(3) |
|
Definition
| Variable, Sexual, Political |
|
|
Term
Aspects of Porn industry
Why Changes? |
|
Definition
1. Economic: huge intl. market
2. Technology: accessible, private viewing, no regulation
3. Political: nobody has taken action against it so porn has boomed
4. Cultural: rational, unincumbered individual
|
|
|
Term
Presidential Commission on
Obscenity and Pornography |
|
Definition
created to investigate link between porn and behavior
Findings: there wasn't a substantial link between porn and violence
Article: Does Viewing Pornography Lead Men to Rape |
|
|
Term
|
Definition
Established person's right to privacy
Can't ban personal possession of any obscene material |
|
|
Term
|
Definition
Raised more questions about if minors have 1st amendment right
obscenity for minors
made illegal to sell to under 17 |
|
|
Term
|
Definition
1. Objectifies women
2. Takes away freedom of speech by devaluing them, takes away 14th amendment
3. indirect effect
coercion & exploitation
Two extremes: all material harmful to women, OR sexually explicit material that's harmful to women |
|
|
Term
| John Stuart Mills and Harm Principle |
|
Definition
State able to interfere with individual liberty only when action harms others
applies to those mentally able, and ambiguous about who's rational |
|
|
Term
|
Definition
Problematic
Changers over time
highly contested
Attempt: supplies images that construct the world in which we interact |
|
|
Term
|
Definition
Specifically:
monetary, aesthics, creativity/originality, social component, spiritual component, High culture, low Culture
Political Socialization
Political Education |
|
|
Term
|
Definition
Reflects
Causes
Intent
Effects
intent not as important as implicit effect/content |
|
|
Term
|
Definition
Bridges the gap between ideology and interests...eduacate by taking us where we can't/haven't gone
1. Basic conditions: how it is now
2. Teaches experience: creates dialogue
3. New possibilities |
|
|
Term
|
Definition
Passive absorption of values with no positive/negative connotations
Hitler's: mass art propoganda, and Statue of Liberty
focus on results not process |
|
|
Term
|
Definition
art for teaching and showing our role in society as working together...our world as a social agency
politically educate |
|
|
Term
|
Definition
1. small "l" liberal
freedom from, negative government, individual rights, libertarians, and madisonian
2. Participatory Democracy:
freedom to, postive view of human nature, Jeffersonian, democracy is idead, needs of colletive versue individual, freedom from + freedom to = ideal state |
|
|
Term
Why is democratic art so rare?
(5) |
|
Definition
1. Dominant Ideology: majority
2. Reinforcing institutions: pres. veto, filibuster, popular gov. as loser
3. Aesthics
4. Profit Motive
5. Idealized Standard |
|
|
