Module 1 - First Amendment and Censorship

First Amendment and Censorship

Background Information and summary:

Freedoms outlined in the First Amendment:

Exceptions to the First Amendment:

Hate speech is not protected under the First Amendment.

Schenck v. the United States is the case in which established the Clear and Present Danger Test. Charles Schenck and Elizabeth Baer were convicted of violating the Espionage Act by opposing the draft during WWI. Parameters of speech are often limited during wartime. This is why the Court found them guilty.  Related cases in which protested the Espionage Act include Debs V. US and Frohwerk V. US.

The Clear and Present Danger test does not always hold up.

 Brandenburg V. Ohio was a president case in which Clarence Bandonburg organized a Ku Klux Klan rally making anti-black and anti-Semitism remarks. He was found guilty under Ohio's Criminal Syndicalism law however this decision was later overturned by the Supreme Court issuing a news speech test for lawless action.

Other Exceptions to the First Amendment Include:

Blackmail:

Sekhar V. US

Child Pornography: 

Defaimation: 

New York Times V. Sulivan was a landmark case in which a news outlet posted false statements about L.B Sulivan. The Court ruled that it is much more difficult for famous people and public officials to prove defamation because in order to do so they need to prove actual malice. It is important to understand that Libal is written Defamation while Slander is spoken.

Fighting Words: 

Chaplinsky V. New Hampshire

Perjury: 

McMillan V. Pennsylvania

Obscenity: 

Miller V. California established the Miller test for obscenity with a variety of criteria. Obscene material must not be depicted as offensive and also have an educational or scientific purpose.

True Threats: 

Watts V. US and Virginia V. Black

Government Agencies:

Government entities often monitor, regulate and restrict free speech

The Federal Communication Commission (FCC) is the biggest organization that statutes the content of Broadcast, Cable, Radio, and Electronic Media. They were established by the Communications Act of 1934. 

 Family Guy FCC song

The Patriot Act:

This was President Bush's Executive order in response to the September 11 attacks to allow for the FBI and NSA to secretly conduct and wiretap in order to obtain evidence without providing probable cause. Although the patriot act may be classified by some as a privacy matter, it very well may violate 6 of 10 original bill of rights.

My Thoughts on the First Amendment and Censorship:

    I believe that there has been a surplus of censorship and legislation regarding to the First Amendment in response to how accessible information is today. Apart from the ongoing discussion of social media, parents have become more concerned with what books can, cannot, should, and should not be available in school libraries depending on their beliefs. We often find ourselves looking to history for answers. I for one agree with many of these case decisions and presidents but there are others that I do not. The reason why there is so much debate about free speech and censorship is that it is part of the price of having free speech in the first place. If we were deprived of our expressions then there would be no opportunities to have forums and outlets for our discussions that help us change the way we think and better understand each other.

https://constitution.congress.gov/constitution

https://www.supremecourt.gov/orders/ordersofthecourt/10

https://www.fcc.gov/

https://apnews.com/hub/patriot-act