Prevent the individual from speaking out against society
Correct a false opinion
prevent harm to others
never—imposing on anyone's liberty is unjustifiable
refrain from challenging established truths
Prove the world has been mistaken on a vital point of interest
leave each person in peace with his/her own opinions
seek to persuade all mankind to a proven truth
America's legacy of free speech came from England, where the press has been free and uncensored since its introduction in the mid-1400s.
The marketplace of ideas theory, attributed to John Milton, holds that truth will always prevail in competition with falsity.
Traditional prior restraints include torture and death.
Post-publication punishments are imposed before a text goes to print.
The human race has been robbed
Society loses the opportunity to strengthen truth by confronting a falsehood
society loses the opportunity to discover new truth
All of the above
With rare exceptions, state and federal governments can regulate expression based on the ideas contained in a particular expression.
In general, governments are allowed to regulate the time, place, and manner in which expression takes place.
Strict scrutiny of government regulation implies, in part, that government must impose the least restrictive means possible to achieve its compelling interests.
Vague laws restricting expression are so unclear as to not be easily understood; overbroad laws restricting expression prohibit too much.
The individuals whose rights are violated bear the burden of proof in showing that the legislation is unconstitutional or overbroad.
The government bears the burden of proof that the legislation does not violate individual rights.
none. An opinion doesn't become valid until it is proved as truth.
Infringes on an individual's liberty
Sways those with weak opinions
neither strengthens nor weakens a listener
Be able to recite the opinion/argument on request
Be familiar with both sides of the case
discuss opposing views with his/her teacher
have documented proof
tyranny of individual
tyranny of government
tyranny of the minority
Tyranny of the majority
Is the duty of individuals in a society to tolerate each other
is inconsiderate of others' beliefs
Assumes that individual is infallible
Weakens the liberty of the press
When one was accused of seditious libel (or criticism of the government) in England and in the Colonies, the best defense was truth.
In the John Peter Zenger trial, the jury refused to convict Zenger for printing truthful information.
The Bill of Rights was part of the original Constitution.
The First Amendment's proscription against abridging speech and press applied originally to both federal and state governments.
Gitlow v. New York (1925) extended the prohibition on interference with free speech and press rights to the states.
State governments, just like the federal government, are bound to the federal constitution.
State laws cannot grant fewer rights than those guaranteed by the federal constitution.
Federal courts do not have authority to review the constitutionality of state laws.
The absolutist interpretation of the constitution has commanded a majority of the Supreme Court since the early 1900s.
The Meiklejohnian interpretation of the constitution is that speech contributing to a self-governing society should receive absolute protection.
Political speech is the least protected in our society because of our fear of anarchy.
Commercial speech enjoys absolute and complete First Amendment protection.
opinion, then punishment
instilled values, then law
law, then opinion
instilled values, then punishment
According to former Justice William Brennan, the First Amendment should be paramount in balancing individual rights.
Professor Zecharian Chafee Jr.'s views could be summarized as follows: The more unstable or insecure the government, the greater the suppression of expression.
The "watchdog" metaphor refers to the government's role as watchdog on the excesses of the press.
The safety valve function of the press allows for societal change to occur while society still maintains its stability.