Transcript Boundaries: Risks to Public Safety

Freedom of Speech
and
Freedom of the Press:
Risks to Public Safety
Sedition
Sedition Act of 1798 = used to punish political opponents of
the Federalist Party and John Adams. Expired in 1801
Sedition Act of 1918 = upheld in a number of decisions,
including Schenck and Abrams, but lapses in 1920s. Holmes
articulates the “clear and present danger” standard.
Smith Act of 1940 = “advocate, abet, advise, or teach the
duty , necessity, desirability, or propriety of overthrowing or
destroying the government of the United States…”
upheld, in principle, but overturned in fact in Yates v. United
States (1957), but the speech must urge someone to commit
illegal acts
Sedition
The States: Unconstitutional
Ashton v. Kentucky (1967) = Government
officials cannot use sedition laws to curb
public criticism
Brandenburg v. Ohio (1969) = incitement
standard that defines difference between
“advocacy” and “incitement, more commonly
cited as “expression” and “action”
Prior Restraint and
National Security
•New York Times v. United States,
403 U.S. 713 (1971) = the Pentagon
papers case decided 6-3
•United States v. The Progressive,
467 F. Supp. 990 (W.D.Wis. 1979) =
the “H-bomb case” never heard by
Supreme Court
•Wartime restrictions on access?
Prior Restraint and
National Security
•Reporting on domestic spying:
The New York Times
and/v.
The
White House
1st Amendment and
Personal Injury
Civil cases are decided under the
Tort of Negligence
(Failure to exercise Reasonable Care)
1. The defendant owed a legal duty to use due care
(where there exists a foreseeable risk of harm to
others);
2. The legal duty was breached (Negligence)
3. The breach was the proximate cause of injury
1st Amendment and
Personal Injury
•Harm through Imitation
•Harm from Advice or Instructions
Judas Priest and Ozzy Osbourne
•Books
Hitman case (1997): Detail will tell
•Internet
“Nuremberg” Trials website
•Harm Through Advertising
Soldier of Fortune I and II:
Differing standards