to EXPRESS yourself

Feel free

No country is more

PROTECTIVE of their

right to free speech

than the USA.

What gives us thisFREEDOM?

THE FIRST AMENDMENT states that we have the RIGHT to

Exercise our religious beliefs

Be protected from a state religion

Free speech and free press

Assemble freely

Petition to remedy grievances

Does this mean we are free to

say ANYTHING WE WANT?

No.

The first amendment only

protects us from the

GovernmentNot private citizens

You can’t be protected

if you express yourself

on

However, it applies to

ALL levels of government.

The first amendment preventsRESTRICTIONS

on press PRIOR to publishing.

There are 4 exceptions

Obstruction of military recruitment or the publication of sailing dates, the number or location of troops

Obscenity

Incitements to violent overthrow of the government

Protection of private rights according to equitable principles

The government CAN restrict free press when it is UNSAFE not to do so

However, theNEAR STANDARD

must be met

(“direct, immediate, and irreparable damage to our Nation or its people”)

These PRIOR RESTRAINT ORDERS come in three forms.

are for immediate relief when action will result in IRREPARABLE INJURY.

TEMPORARY RESTRAINING ORDERS

are granted when there is proof of the IRREPARABLE HARM and they are likely to win the case.

PRELIMINARY INJUCTIONS

is the last order, to stop the action forever.

A PERMANENT INJUNCTION

With new technology, the guidelines for

TRO’s are harder to

FOLLOW.

Part of this is from the

STREISAND EFFECT.

Censoring material on the internet causes greater

INTEREST, as shown by BARBARA STREISAND.

The meaning of FREEDOM OF EXPRESSION has expanded beyond

restricting prior restraint.

Any statute that causes a CHILL from others, rendering them afraid to speak their minds, can be struck down.

This can come from being tooB R O A D

or too

VAGUE.

BROAD statutes can be limited down to prevent intrusion over free speech

VAGUE statutes can be CLARIFIED

to protect from subjective enforcement.

Even though free speech isPROTECTED

certain limits do apply.

Media is protected based on TYPE.

Print media is given the

HIGHESTprotection.

Broadcast media has to follow certain REGULATIONS but content is often protected.

The INTERNET is harder to classify.

In 1997, it was granted FULL protection, when previously it

was given restrictions that wereUNCONSTITUTIONALfor other media.

Expression is also limited when it poses a THREAT.

Other than that, speech cannot be restricted based onCONTENT.

Regulations are put under

one of 3 forms of review if they try to limit speech.

STRICT SCRUTINY demands specifics be narrowed down, HEIGHTENED SCRUTINY are for those that don’t target a particular idea, and the RATIONAL-BASIS TEST is used to determine if the regulation is sound.

There is aTIME,

PLACE, and

MANNERfor expression.

PLACES are divided into forum tiers.

TRADITIONAL PUBLIC FORUMS

are public spaces that have always been available for speech.

Restrictions in such places are underSTRICT SCRUTINY.

DESIGNATED or LIMITED PUBLIC

FORUMSare places that are OPENED up to public use for expression.

There are specific conditions forRESTRICTING

expression is such places.

Content neutral.

No complete bans of speech! Options available.

Specifically for a substantial interest with no more restraints than necessary.

NONPUBLIC FORUMSare public areas not available for speech, and are open to restraints.

What does the INTERNET

count as?

Right now, it seem hard to tell.

It seems possible it might be a PUBLIC FORUM,

but other sites may be

NONPUBLIC FORUMS.

With the Internet, forums don’t have to bePLACES

but can represent them.

Verbal SPEECH is not the only expression that is protected.

ASYMBOLIC expressions are also covered in the first amendment, assuming a message is present.

It still can beREGULATED,

but there are a few questions that must be answered first.

/run Computer code

>is

>BOTH

>speech

>and

>nonspeech.

It can be regulated when the restriction is

CONTENT NEUTRAL.

Student speech is much more

LIMITEDon campus than off.

ALLHowever, students do not lose

their rights when entering school.

Their rights can be restricted when expression DISRUPTS class, involves DISORDER, or INVADES other’s rights.

Disliking CONTENT is not a justifiably

restriction.

LEWDexpression is not allowed, and neither is promotion ofILLEGAL

SUBSTANCES.

Just as important as protecting what you SAY is protecting your right to say

NOTHING.

So feel freeto say what you need to say.

And keepquietabout the things you don’t want to say.

Photo Credits :

http://internetbusinessmastery.com/images/freedom%20of%20expression.jpg http://www.defense.gov/dodcmsshare/homepagephoto/2006-08/hires_flag060805-N-3271W-006.jpghttp://www.mindingthecampus.com/originals/free%20speech.bmphttp://www.thecolorawards.com/gallery/photos/6/800/163681-Private_Property.jpghttp://www.flickr.com/photos/tzofia/377108781/sizes/o/in/photostream/http://www.georgiareporter.com/wp-content/uploads/2011/04/6-1024x684.jpghttp://www.aswetravel.com/wp-content/uploads/2010/09/freedom-travel.jpghttp://www.flickr.com/photos/69805768@N00/3292899689/sizes/l/in/photostream/http://www.flickr.com/photos/phreak20/3414830335/sizes/o/in/photostream/http://www.mattedmundson.com/wp-content/uploads/2010/06/Confused-man-509x338.jpghttp://selfempowermentsecrets.com/wp-content/uploads/2011/04/Self-Empowerment-by-Fostering-skillful-speech.jpg

Information from :

Packard, Ashley Packard. Digital Media Law. Wiley-Blackwell, 2011. Print.