Free Speech and First Amendment

Question 1

liberal democracy

Answer 1

democratic society - majority rules
liberal - certain rights that you have that can’t be violated or taken away from you regardless of what the majority thinks

Question 2

tyranny of the majority

Answer 2

• majority tends to rule

- Bill of Rights prevents this

Question 3

philosophical basis of “Congress shall not abridge freedom of speech and press”

Answer 3

based on Milton, Mill, and Jefferson

Question 4

John Milton - marketplace of ideas

Answer 4

there should be an open marketplace where ideas compete among themselves; best ideas win out
-the best test of truth is for it to win a place in the open market

Question 5

Jefferson

Answer 5

role ideals play in political realm - free and open press to inform citizens to support a democracy
-openness allowed for the majority to make the best decision

Question 6

Mill

Answer 6

3 prong defense of fee expression

• “as opinion is silenced, the truth may be silenced as well”
• “even a wrong opinion may contain an element of truth to discover the whole truth”
• “even if commonly accepted opinion is the whole truth, people will hold it not as rational belief, but as prejudice, if they have not had to defend it”

Question 7

classical libertarianism

Answer 7

• ideas of Milton, Jefferson, and Mill together
• government can’t prevent you from saying or printing anything; expression can’t be prevented by government
• can’t be forced to say/print anything - compelled speech - unless in court
• believe that self-correcting mechanism is built in; truth will always emerge
• remedy -more speech

Question 8

absolutists

Answer 8

take words of 1st Amendment literally

-government can’t regulate speech at all

Question 9

consensus definition

Answer 9

some restrictions are necessary but not restriction just because speech is unpopular
-protecting currently unpopular ideas from suppression of majority’s rule

Question 10

social harm cirieria

Answer 10

• the Supreme Court decides what restrictions are allowed

- certain speech is so harmful that the government can restrict

Question 11

slander and libel

Answer 11

-example of a restriction allowed
-libel is written and slander is spoken
can sure for damages and punitive damages
truth is absolute defense
-if you enter public life, harder to sue for slander/libel
- have to prove actual mallace

Question 12

violations to national security

Answer 12

• example of restriction allowed
• it would be harmful to the country if print; government is allowed to keep secrets
• some private information is made public after a certain amount of time

Question 13

privacy

Answer 13

• example of type of restriction allowed

- don’t have right to violate people’s privacy; can’t use names or photos without authority

Question 14

contempt of court

Answer 14

example of restriction allowed

-don’t have right to say anything you want in a court of law; need to maintain order

Question 15

violation of copyright

Answer 15

using someone’s writing, logos, without their permission; presenting someone’s work as your own
-copyright = exclusive right over something

Question 16

defining the exception

Answer 16

-problem that arises when new exceptions are made
-definitions vary place to place; time to time; culture to culture
ex/ obscenity - one court said that which is sexually impure

Question 17

cost/benefit analysis

Answer 17

-problem that arising when a new exception is made
-the harm of the speech has to outweigh the social harms of letting that speech continues
ex/ obscenity - objectifying women; entertainment value