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Chapter 16: Essay
Essay
1. Explain the philosophical underpinnings of the First Amendment.
ANSWER:
The idea for a free press came about the end of the seventeenth century as a result of
actions taking place in Europe throughout the seventeenth century. In various
European countries, in order to monitor—and punish, if necessary—the speech of
editors and writers, governments controlled the circulation of ideas through the press
by requiring printers to obtain licenses from them. In 1644, English poet John Milton,
author of Paradise Lost, opposed government licenses for printers and defended a
free press in his essay Areopagitica. Milton argued that ideas, even false ones, should
be allowed to circulate freely in a democratic society.
2. How has censorship been defined historically?
ANSWER:
Although the First Amendment has theoretically prohibited censorship, Supreme
Court decisions over time have defined censorship as prior restraint, meaning courts
and governments cannot block any publication or speech before it actually occurs on
the principle that a law has not been broken until an illegal act has been committed.
In Near v. Minnesota, the Supreme Court ruled that a Minneapolis newspaper could
not be stopped from publishing “scandalous and defamatory” material about police
and law officials. However, the Court left open the idea that the media could be
ordered to halt publication, although only in exceptional cases. For example, during a
declared war, if a U.S. court judged that the publication of an article would threaten
national security, such expression could be restrained before printing. During World
War I, the U.S. Navy seized all wireless radio transmitters to ensure control over
critical information about weather conditions and troop movements that might
inadvertently help the enemy. In the 1970s, several cases-the Pentagon Papers
decision and the Progressive magazine case-tested important concepts underlying
prior restraint.
3. How does the controversy over the Progressive‘s release of an article relate to issues of
censorship and free speech?
ANSWER:
In 1979, an injunction was issued to the editors of the Progressive—a national left-
wing magazine—to stop publication of an article titled “The H-Bomb Secret: How
We Got It, Why We’re Telling It.” The editor of the magazine sent a draft to the
Department of Energy to verify technical portions of the article, and the Energy
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Chapter 16: Essay
undermine national security. Judge Robert Warren sided with the government,
deciding that our right to life was more important than the publication’s right to
release the article.
The article was eventually published, as the government dropped the case on appeal,
but Warren’s decision stands as the first time in American history that a prior-
restraint order issued in the name of national security actually stopped the initial
publication of a news report.
4. Name and briefly explain at least three of the legal limitations on free speech.
ANSWER:
The federal government has made laws that restrict free speech, including false or
misleading advertising, expressions that intentionally threaten public safety, and
certain speech that compromises war strategy and other national security issues.
Beyond the federal government, state laws and local ordinances have on occasion
curbed expression, and over the years the court system has determined that some
kinds of expression do not merit protection under the Constitution, including
seditious expression, copyright infringement, libel, obscenity, the right to privacy,
and expression that interferes with the Sixth Amendment.
5. What was the name and purpose of a law passed in 1798 that caused the American public to
support the idea of freedom of the press? How did this result compare with the intention of the
law?
ANSWER:
More than a century after the Sedition Act of 1798, the Espionage Acts of 1917 and
1918 made it a federal crime to disrupt the nation’s war effort and imposed severe
punishment for seditious statements. These laws were enforced during World Wars I
and II.
In the Schenck v. United States appeal case during World War I, the Supreme Court
upheld the conviction of a Socialist Party leader, Charles T. Schenck, who distributed
leaflets urging American men to protest the draft in violation of the Espionage Act.
Justice Oliver Wendell Holmes wrote his famous statement about falsely shouting
fire in a theater and causing a panic regarding the upholding of this conviction. This
case also introduced the idea of a clear and present danger.
6. What was the rationale behind the first copyright laws? Have those laws changed over time,
and if so, in what ways?
ANSWER:
A copyright legally protects the rights of authors and producers to their published or
unpublished writing, music, lyrics, TV programs, movies, or graphic art designs. In
1790, Congress passed the first Copyright Act, which gave authors the right to
control their published works for fourteen years, with the opportunity to renew for
another fourteen years. At the end of the copyright period, the work would enter the
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Chapter 16: Essay
to create original works, and the public domain period was designed to give others an
incentive to create derivative works. Over the years, as artists lived longer and
corporate copyright owners became more common, copyright periods were extended
by Congress. In 1976, Congress extended the copyright period to the life of the
author plus fifty years, or seventy-five years for a corporate copyright owner. In
1998, Congress extended the copyright period for twenty additional years—the
eleventh time in forty years that the terms for copyright had been extended.
7. What is the cultural significance of the public domain, and why do some entities want to keep
works from entering it?
ANSWER:
Appropriating a writer’s or an artist’s words or music without consent or payment is
not protected as speech. A copyright legally protects the rights of authors and
producers to their published or unpublished writing, music, lyrics, TV programs,
movies, or graphic art designs. At the end of a copyright period, a work enters the
public domain, which gives the public free access to the work. The idea is that a
period of copyright control gives authors financial incentive to create original works,
and that the public domain gives others incentive to create derivative works.
Corporate owners have millions of dollars to gain by keeping their properties out of
the public domain. Disney, a major lobbyist for the 1998 extension, would have lost
its copyright to Mickey Mouse in 2004 but now continues to earn millions on its
movies, T-shirts, and Mickey Mouse watches through 2024. The owner of the
copyright to “Happy Birthday to You” made up to $2 million per year in royalties on
the song before it lost its copyright in 2015.
8. Why is the case of New York Times v. Sullivan so significant in First Amendment history?
ANSWER:
The New York Times v. Sullivan case serves as the standard for libel law. The case
stems from a 1960 full-page advertisement that criticized the law-enforcement tactics
used in southern cities to break up Civil Rights demonstrations. The ad was placed in
the New York Times by the Committee to Defend Martin Luther King and the
Struggle for Freedom in the South. Without naming names, the ad condemned
“southern violators of the Constitution” bent on destroying King and the movement.
L. B. Sullivan—the city commissioner of Montgomery, Alabama—sued the Times
for libel, claiming indirect defamation. Alabama civil courts awarded Sullivan
$500,000, but the newspaper’s lawyers appealed to the Supreme Court, which
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Chapter 16: Essay
public humiliation, or mental anguish), and (3) that the publisher or broadcaster was
negligent in failing to determine the truthfulness of the statement.
9. What are the consequences of not having a federal shield law for journalists?
ANSWER:
Shield laws protect the First Amendment rights of reporters who refuse to reveal their
sources for controversial information used in news stories. Although most states have
shield laws, there is no federal shield law in the United States, leaving journalists
exposed to subpoenas from federal prosecutors and courts. Without shield laws,
reporters may lose their credibility, sources may face retaliation, citizens might never
receive information, and the public interest might not be served.
10. Are there other kinds of censorship besides censorship by the government? Explain.
ANSWER:
The film industry has been the subject of non-government censorship. After an
aspiring actress died after a wild party hosted by silent-film star Fatty Arbuckle,
Arbuckle’s indictment for rape and manslaughter, two hung juries, and his subsequent
banning by censorship boards around the country, Arbuckle was banned from acting
in Hollywood. In 1927, in response to this and other scandals of the time, the Motion
Picture Producers and Distributors of America (MPPDA), also known as the Hays
Office, developed a list of “Don’ts and Be Carefuls,” followed by the Motion Picture
Production Code in the early 1930s, which was charged with officially stamping
Hollywood films with a moral seal of approval. The Code dictated how producers
and directors should handle controversial topics such as crime, sex, religion, and
“toilet gags.”
11. How did the anticommunist campaign led by Senator Joseph McCarthy affect freedom of
speech and expression in the United States? Give two examples.
ANSWER:
Ultraconservative Wisconsin senator Joseph McCarthy waged a campaign to rid
government and the media of so-called communist subversives who were allegedly
challenging the American way of life during the Cold War. In 1950, a publication
called Red Channels: The Report of Communist Influence in Radio and Television,
inspired by McCarthy and produced by former FBI agents, set out to prove that
Communists had infiltrated the radio and television industry. The publication named
151 communist “sympathizers”—performers, writers, and musicians who were all
banned from working in television and radio for a time, even though they were never
charged with a crime.
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Chapter 16: Essay
tactics being used to break up Civil Rights demonstrations. The Supreme Court ruled
workers to sign loyalty oaths denouncing communism—a low point for the First
Amendment.
12. What is net neutrality, and why do supporters say it’s important?
ANSWER:
Public conversations about the Internet have traditionally focused on First
Amendment issues, such as civility and pornography. The rapid expansion of the
Internet requires us to address ownership issues, which will determine whether the
Internet continues to develop as a democratic medium. In late 2010, the Federal
Communication Commission (FCC) created net neutrality rules for wired broadband
providers, requiring them to provide the same access to all Internet services and
content. The FCC’s net neutrality rules were rejected by federal courts twice because
the FCC had not defined the Internet as a utility, meaning it couldn’t regulate it as
one. Telecommunication companies don’t want any rules governing how they
distribute access to the Internet, so these rulings were to their advantage. However,
citizens and entrepreneurs opposed an unregulated system that would allow
telecommunication companies to create fast lanes and slow lanes on the Internet
based on what profited them most. A record number of comments flooded the FCC,
and the vast majority were in favor of net neutrality. In February 2015, the FCC
reclassified broadband Internet as a Title II utility and voted to approve net neutrality
rules, which were upheld by the U.S. Court of Appeals in 2016, enabling the FCC to
enforce open Internet standards on wired and mobile networks. In December 2017,
with Donald Trump’s appointee to chair the FCC leading, the FCC voted to repeal the
2015 net neutrality policy, effective June 2018. Almost half of the country’s states‘
attorneys general are suing to contest the ruling.
13. Which is more important to a democracy—a right to free speech or a right not to be
offended? Which court cases seem to support or argue against your position?
ANSWER:
Within the bounds set by the Supreme Court, which are well established, the right to
free speech is more important than the right not to be offended. New York Times v.
Sullivan argues this position. Even though L. B. Sullivan felt that the ad defamed him
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ANSWER:
authoritarian
2. The _______ model for journalism and speech places control in the hands of government,
which speaks for ordinary citizens and workers in order to serve the common goals of the state.
ANSWER:
communist or state
3. The _______ Estate is what the press is called when it operates as an unofficial branch of
government, monitoring the legislative, judicial, and executive branches for abuses of power.
ANSWER:
Fourth
4. The _______ model for journalism and speech encourages vigorous government criticism and
supports the highest degree of freedom for individual speech and news operations.
ANSWER:
libertarian
5. _______is generally defined as prior restraint of public communication.
ANSWER:
Censorship
6. _______ restraint is the legal definition of censorship in the United States.
ANSWER:
Prior
7. Charles T. Schenck was found guilty of violating the _______ Act.
ANSWER:
Espionage
8. _______ is the legal right of authors and producers to own and control the use of their
published or unpublished writing, music, and lyrics; TV programs and movies; or graphic art
designs.
ANSWER:
Copyright
9. When a copyright period expires, the work is said to enter the _______.
ANSWER:
public domain
10. _______ law was intended to make sure authors and producers can earn money from their
original work.
ANSWER:
Copyright
11. In media law, _______ is the defamation of character in written or broadcast expression.
ANSWER:
libel
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12. Private individuals must prove falsehood, damages, and negligence to win a(n) _______
case.
ANSWER:
libel
13. In libel law, _______ refers to a reckless disregard for the truth, such as when a reporter or an
editor knows that a statement is false and prints or airs it anyway.
ANSWER:
actual malice
14. Parody versions of songs, such as those by Weird Al Yankovic, are legal because of the
_______ exception.
ANSWER:
fair use
15. Prosecutors can legally accuse defendants of crimes in court because of _______.
ANSWER:
absolute privilege
16. The _______ is the agency that regulates broadcasting in the United States.
ANSWER:
FCC
17. Part of the 1934 Communications Act, _______ mandates that during elections, broadcast
stations must provide equal opportunities and response time for qualified political candidates.
ANSWER:
Section 315
18. Repealed in 1987, the _______ Doctrine required broadcast stations to both air and engage in
controversial-issue programs that affected their communities and, when offering such
programming, to provide competing points of view.
ANSWER:
Fairness
19. _______ rules required Internet providers to offer the same access to all Internet services and
content.
ANSWER:
Net neutrality
Multiple Choice
1. Most of the world’s population now lives in countries where the press is free.
a.
True
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b.
False
ANSWER:
b
2. The United States follows a libertarian model of free expression and free press.
a.
True
b.
False
ANSWER:
b
3. The Sedition Act strengthened First Amendment protections for citizens.
a.
True
b.
False
ANSWER:
b
4. Only after the Sedition Act expired in 1801 did Americans broadly support the idea of a free
press.
a.
True
b.
False
ANSWER:
a
5. The Supreme Court has defined censorship as prior restraint.
a.
True
b.
False
ANSWER:
a
6. If a soon-to–be-released article seems to violate libel or obscenity laws, most U.S. courts
would act to stop publication.
a.
True
b.
False
ANSWER:
b
7. Appropriating a writer’s or an artist’s words or music without consent or payment is a form of
expression that is not protected as speech.
a.
True
b.
False
ANSWER:
a
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8. Students who quote and cite a copyrighted source in a term paper for class are technically
violating the law.
a.
True
b.
False
ANSWER:
b
9. Libel is a right guaranteed by the First Amendment.
a.
True
b.
False
ANSWER:
b
10. Defamation that is broadcast is considered slander because it is spoken rather than written.
a.
True
b.
False
ANSWER:
b
11. Public speech that causes someone damage or actual injury is libelous, even if the speech in
question is true.
a.
True
b.
False
ANSWER:
b
12. Reporters need to be careful about printing accusations made by attorneys in a court of law in
case a suspect is later found “not guilty.”
a.
True
b.
False
ANSWER:
b
13. Parodies and insults of public figures are protected from libel suits unless the statements
cause undue emotional pain.
a.
True
b.
False
ANSWER:
b
14. The Miller v. California case established a national standard for obscenity that is the same for
all communities in the United States.
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a.
True
b.
False
ANSWER:
b
15. Ordinary citizens have more privacy protection under U.S. law than do politicians or other
public figures.
a.
True
b.
False
ANSWER:
a
16. There is no federal shield law for journalists in the United States.
a.
True
b.
False
ANSWER:
a
17. In 1912, federal law outlawed the transportation of boxing movies across state lines—not
because they were violent but because there had been a black heavyweight boxing champion
since 1908.
a.
True
b.
False
ANSWER:
a
18. Motion pictures have been defined as free speech by the U.S. Supreme Court since 1915.
a.
True
b.
False
ANSWER:
b
19. For the first half of the twentieth century, local and state film review boards were considered
constitutional.
a.
True
b.
False
ANSWER:
a
20. Movies released in the United States are required by federal law to be labeled with an MPAA
movie rating.
a.
True
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b.
False
ANSWER:
b
21. When the movie rating system began in the late 1960s, the G, PG, PG–13, R, X, and NC-17
ratings were developed and immediately put into place.
a.
True
b.
False
ANSWER:
b
22. Since its debut in 1990, the NC-17 movie rating has been a commercially successful rating
for films with adult content.
a.
True
b.
False
ANSWER:
b
23. Print and broadcast media are not treated equally under the First Amendment.
a.
True
b.
False
ANSWER:
a
24. Currently, both print journalists and broadcasters need federal licenses to operate their
businesses.
a.
True
b.
False
ANSWER:
b
25. In twentieth-century Supreme Court decisions, the print media and broadcast media received
the same First Amendment protections.
a.
True
b.
False
ANSWER:
b
26. Newspapers are NOT required by law to give individuals an opportunity to reply to an
editorial attack.
a.
True
b.
False