Should Huckleberry Finn Be Banned from H.S. Library?

• 0% Strongly Agree
• 14.8% Agree
• 1.7% No Opinion
• 52.2% Disagree
• 31.3% Strongly Disagree

Should the Gov't Ban the Sale of Adult (XXX) Movies?

• 0% Strongly Agree
• 5.2% Agree
• 20.0% No Opinion
• 57.4% Disagree
• 17.4% Strongly Disagree

Second Amendment to theU.S. Constitution

• A well regulated Militia, being necessary to security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

First Amendment to the U.S. Constitution

• Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; of abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

Theories of Freedom of Speech

• Absolutist Theory
• Ad Hoc Balancing Theory
• Preferred Position Balancing Theory
• Meiklejohnian Theory
• Access Theory

Absolutist Theoryof Freedom of Speech

• First Amendment Says "No Law"
• Speech and Press Absolutely Protected from Government Interference
• Problem
• All Rights Subordinate to Speech
• Reputation and Fair Trial Not As Important As Freedom of Speech

Ad Hoc Balancing Theoryof Freedom of Speech

• Freedom of Speech and Press Recognized as Important
• BUT Other Rights Must Be Balanced Against Freedom of Speech and Press
• Courts Must Balance Competing Rights
• Problem is that Courts Must Balance Rights Anew in Each Case
• No Underlying Theory of Freedom of Speech and Press

Preferred Position Balancing Theory of Freedom of Speech

• Freedom of Speech and Press Foundation of Our System of Gov't
• Gov't Bears Responsibility for Proving that Speech or Press Should be Lessen
• Preference Given to Freedom of Speech and Press
• Theory Most Often Used by Courts

Meiklejohnian Theory ofFreedom of Speech

• Alexander Meiklejohn
• Public Speech and Private Speech
• Public Speech Deserves Absolute Protection
• Private Speech Not Deserving Absolute Protection
• What is the Difference Between Public and Private Speech?

Access Theory ofFreedom of Speech

• Freedom of Speech Requires People to Have Access to the Mass Media
• Gov't Should Ensure that People Have Opportunity to be Heard
• Used to Regulated Broadcasting

Should Nazi Party Not Be Allowed to Hold a Rally?

• 11.3% Strongly Agree
• 51.3% Agree
• 6.1% No Opinion
• 27.8% Disagree
• 3.5% Strongly Disagree

Prior Restraint:Stopping Publication

• Can Gov't Block Publication of Material That's Racist?
• Can Gov't Block Publication of Material That Favors White Supremacy?
• Can Gov't Block Publication of Material That Tells How to Build an H-Bomb?
• "Fighting Words"

UI Should Ban Words Offensive to Minorities

• .9% Strongly Agree
• 36.5% Agree
• 14.8% No Opinion
• 42.6% Disagree
• 5.2% Strongly Disagree

Hate Speech Codesat Universities

• Can Public Universities Limit Your Freedom of Speech?
• Can UI Prevent You From Hanging a Confederate Flag in Your Dorm Window?
• Can UI Stop a Campus Chapter of the KKK From Meeting in the IMU?
• More Than 100 Universities Limit Students Speech
• Standards Stricter Than in Society
• Speech Can Be Limited If It Involves "Fighting Words"
• "Fighting Words" Must be Uttered Face-to-Face
• Unconstitutional If Speech Does Not Clearly Incite Violence

Can School Board Ban Books?

• Yes
• But Not For Political or Ideological Reasons
• Book Must be Clearly Educational Unsuitable

UI Should Not Allow KKK to Have Rally On Pentacrest

• 25.2% Strongly Agree
• 36.5% Agree
• 12.2% No Opinion
• 21.7% Disagree
• 4.3% Strongly Disagree

Can Where Freedom of Speech Is Exercised Be Restricted?

• Can Iowa City Stop the KKK From Having Parade Down Washington Street?
• Can the University Stop a White Supremacist From Speaking on Pentacrest?
• Can I Stop Someone From Speaking in My Front Yard?
• Can Gov't Ban Parades and Public Speaking?
• Time, Place and Manner Restrictions
  1. Must Be Content Neutral
  2. Cannot Be Complete Ban on a Particular Kind of Speech
  3. Gov't Must Show Substantial Interest to Justify Ban
  4. Ban Must Be Narrow; Not Restrain Speech More Than Is Necessary

Types of Free Speech Forums

• Public Forums
• Greatest First Amendment Rights
• Places Traditionally Used for Public Assembly and Debate (Pentacrest, IMU, Washington Street) Gov't Has Little Ability to Regulate Speech

• Private Forums
• Gov't Can Prevent People From Speaking in Certain Private Forums (My Front Yard)
• Gov't Can't Stop Someone From Ringing My Doorbell and Handing Me Religious Material Or Soliciting Money BUT Gov't Can Limit When It Can Be Done
• Shopping Malls and Airports?

Newspaper Should Pay For Publishing False Information

• 13.9% Strongly Agree
• 55.7% Agree
• 11.3% No Opinion
• 18.3% Disagree
• .9% Strongly Disagree

Do Newspapers Have to Be Fair?

• No, Constitution Does Not Require Media to be Fair
• Marketplace of Ideas; Truth Will Win
• No Such Thing As a False Opinion

Should Newspapers Be Liable for Printing Falsehoods?

• Not Usually
• Did Not Knowingly Publish False Information
• Did Not Act Recklessly in Publishing False Information
• Did Not Act Negligently in Publishing False Information

Why Should Media Be Protected From Liability?

• Protect the Press When It Inadvertently Publishes False Information About Issues of Public Importance
• Maintain the Watchdog Function of the Press
• Not "Chill" the Press

Free Press VersusFair Trial

• First Amendment Versus the Sixth Amendment
• Sixth Amendment says that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed...."

• Gag Orders: Court Order that Restricts What Press Can Report On.
• No Gag Order On Press Ever Upheld By Supreme Court
• Not Likely Any Gag Order On Press Will Be Sustained by Supreme Court

• Instead of Gagging Press, Bar Press From Having Access to Trial
• Citizens -- Including Reporters -- Have Unqualified Right to Attend Any Criminal or Civil Trial
• Citizens -- Including Reporters -- Have Strong But Qualified Right to Attend Most Other Judicial Proceedings

Cameras in Courtroom: Facts

• Until 1976, Barred In All States, Except Texas and Colorado
• Today, 29 States Require Consent of Judge or Both Parties or Both Judge and Both Parties
• Today, in 16 States No Consent Is Needed

Cameras in Courtroom: Issues

• Presence of Cameras Could Prejudice Jury
• Cameras Could Deprive Defendant of Right to Fair Trial
• Defendant Bears Responsibility for Proving that Cameras and Recorders SUBSTANTIALLY Affected the Trial

Printing the Names of Rape Victims Should Be Illegal

• 21.7% Strongly Agree
• 43.5% Agree
• 12.2% No Opinion
• 20.9% Disagree
• 1.7% Strongly Disagree

Can Press Publish Name of Rape Victim?: Issues

• Unlike Other Fair Press vs Fair Trial Issues, Victim of Rape or Sexual Assault Is Not on Trial
• Naming Victim Could Result in Fewer People Coming Forward
• Naming Victim Results in Further Harm

Florida Star v B.J.F.

• Florida Statue Made It Unlawful to Publish Name of Victim of Sexual Assault
• B.J.F. Reported Rape to Sheriff
• Sheriff Wrote Report Including B.J.F.'s Name
• An Intern for Florida Star Read Report in Police File and Copied It
• Florida Star Printed Report in a One-Graf Story, Including B.J.F.'s Name
• Printing of B.J.F.'s Name Violated Paper's Policy on Not Printing Names of Rape Victims
• When Story Printed, Assailant Still Free
• At Trial, B.J.F. Said Assailant Called Her and Said He Would Rape Her Again

Can Press Publish Name of Rape Victim?: Facts

• When Information Is Truthful
• When Information Is Legally Obtained
• Kennedy-Smith Case
• New York Times and NBC News
• Michael Gartner
• Need to De-stigmatize Sexual Assault
• Need to Treat It As a Crime