978-1319102852 Chapter 16 Part 1

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Chapter 16

Legal Controls and Freedom of Expression

In this chapter, we will:

• Examine free-expression issues, focusing on the implications of the First Amendment for a

1. The Pentagon Papers Case

2. The Progressive Magazine Case

4. Defenses against Libel Charges

6. The Right to Privacy

D. First Amendment versus Sixth Amendment

2. Cameras in the Courtroom

1. The Motion Picture Production Code

2. The Miracle Case

C. The MPAA Ratings System

III. Expression in the Media: Print, Broadcast, and Online

A. The FCC Regulates Broadcasting

B. Dirty Words, Indecent Speech, and Hefty Fines

C. Political Broadcasts and Equal Opportunity

D. The Demise of the Fairness Doctrine

E. Communication Policy and the Internet

IV. The First Amendment and Democracy

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Media Literacy and the Critical Process: Who Knows the First Amendment?

Global Village: The Challenges of Film Censorship in China

Examining Ethics: Is “Sexting” Pornography?

LECTURE IDEAS

I. The Origins of Free Expression and a Free Press

and speech: authoritarian, communist or state, libertarian, and social responsibility.

ranked forty–fifth in the world in press freedom in 2018. Here are some of the highlights

from the organization’s 2015 report:

Model.”

• Security is the grounds most often given by governments for silencing media.

• Fifteen of the twenty worst ranked countries saw their scores fall.

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(See Reporters without Borders Press Freedom Index 2015:

https://rsf.org/en/news/world–press–freedom-index-2015-decline–all-fronts.)

• In 2013, Reporters without Borders reported the following:

• Reporters without Borders summed up 2013 this way: “The ranking of most countries is

no longer attributable to dramatic political developments. This year’s index is a better

reflection of the attitudes and intentions of governments towards media freedom in the

medium or long term.”

The analysis found that less than 14 percent of the world’s inhabitants lived in countries with a

population data into the findings of the survey.

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(See Freedom House, Freedom of the Press 2015, at

https://freedomhouse.org/report/freedom-press/freedom-press-2015#.VrixAbkrKiY.)

Papers and the Progressive magazine cases.

• Officially launched in 2007, WikiLeaks refers to itself as a media organization and the

whistleblowers who share information as their journalists. Here is its manifesto from its Web

site (http://wikileaks.org):

Our goal is to bring important news and information to the public. We provide an innovative,

secure and anonymous way for sources to leak information to our journalists (our electronic

drop box). One of our most important activities is to publish original source material

alongside our news stories so readers and historians alike can see evidence of the truth. We

are a young organisation that has grown very quickly, relying on a network of dedicated

volunteers around the globe.

• WikiLeaks has made worldwide headlines many times over since 2007 with its publication of

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of Australia, could be a traitor to the United States hasn’t ever really been explained).

• Assange himself was arrested in early December 2010 in Great Britain based on sexual

Cuba.

• Although WikiLeaks does not reveal the names of its sources, an investigation by the U.S.

government resulted in May 2010 in the arrest of Pfc. Chelsea (previously Bradley)

• In June 2011, on the fortieth anniversary of the publishing of the Pentagon Papers in the

wish I could say that our government has improved its treatment of whistle-blowers in the 40

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years since the Pentagon Papers.” (See Anna Mulrine, “Pentagon Papers vs. WikiLeaks: Is

Bradley Manning the New Daniel Ellsberg?” Christian Science Monitor, June 13, 2011.)

relevant cases.

• An incredible series of overreactions in Oklahoma City in the summer of 1997 resulted in the

then went to Oklahoma City video stores and libraries and rounded up all copies. One

Blockbuster Video store employee even provided the names of the two customers who had

checked out copies. Again without warrants, police went to these two homes and demanded

the return of the videocassettes of the nearly twenty–year-old movie.

• The American Civil Liberties Union filed a suit against Blockbuster for revealing the names

involve teenage characters (played by adult actors). After the Oklahoma City episode, video

rentals of The Tin Drum skyrocketed across the United States.

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visible to jury members. For example, when a camera is suddenly switched on or adjusted to

videotape something or someone, jury members may conclude that the events of that moment

are “newsworthy” and therefore more important than other parts of the trial.

II. Film and the First Amendment

• Discuss the history of film with regard to the First Amendment. Play excerpts of films such

as The Miracle, Who’s Afraid of Virginia Woolf?, Gremlins, and Indiana Jones and the

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Director Hawks refuses to alter Scarface in response to Hays’s demands, but producer

Howard Hughes eventually defers on certain points. Hughes changes the title to Scarface:

The Shame of the Nation, and adds Hays’ suggested prologue that describes the film as an

“indictment of gang rule in America.” In addition, an entire scene is inserted to address the

Code’s concerns, in which citizens confront the newspaper publisher, frustrated by all the

publicity gangsters receive in the press.

Hays does permit scenes that hint at title character Tony Camonte’s incestuous feelings for

“vicious” and “evil.”

sexual relations, scenes of actual childbirth, and the illegal traffic of drugs.”

(2000), Zack and Miri Make a Porno (2008), Bruno (2009), The Evil Dead (2013), and The

Wolf of Wall Street (2013).

III. Expression in the Media: Print, Broadcast, and Online

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• The FCC regulates broadcast content on radio (AM and FM) and “over-the–air” television

(VHF and UHF). The FCC Web site overview of Program Content Regulations

(https://www.fcc.gov/media/program-content-regulations) offers an easy-to-understand

overview of broadcast regulation in the form of frequently asked questions (e.g., “Does the

FCC regulate the content of cable programming?” and “ How have obscenity and indecency

been defined?”).

2002, and just 350 in 2001. Appearing before Congress in February 2004, FCC chair Michael

Powell said the complaints registered “a dramatic rise in public concern and outrage about

what is being broadcast into their homes.”

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from those concerning the Janet Jackson “wardrobe malfunction” during the Super Bowl

“fleeting expletives” policy. (See Brooke Barnes, “TV Watchdog Group Is on the

Defensive,” New York Times, October 24, 2010.)

• In 2015, the PTC asked its members to file complaints with the FCC over a Family Guy

aired.

• Define the type of programs that qualify as core programs.

• Air at least three hours per week of core educational programming.

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• “Core programming” is programming specifically designed to serve the educational and

informational needs of children ages sixteen and under. Core programming must have the

children’s television programming to 10.5 minutes per hour on weekends and 12 minutes per

hour on weekdays. These requirements apply to television broadcasters, cable operators, and

interest, was not statutorily mandated, and was inconsistent with First Amendment values.”

(See the full order at https://apps.fcc.gov/edocs_public/attachmatch/DA-11-1432A1.pdf.)

Ask students to consider whether a version of the Fairness Doctrine, which required

broadcast radio and television stations to provide competing points of view when discussing

controversial issues, be revived.

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• Indeed, protest is essential to democracy. Most of the huge movements in the United States

did not come from voting but by protest; consider the Common School movement, workers’

rights, women’s suffrage, the Civil Rights movement, and antiwar movements. Voting is

only one part of a functioning democracy.

MEDIA LITERACY DISCUSSIONS AND EXERCISES

ADVERTISING NC–17 FILMS

MODELS OF EXPRESSION AND SPEECH

“PUBLIC INTEREST”?

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Ask students if they believe that broadcast radio and television really operate in the “public

considering whether to renew that broadcaster’s license?

1. Description. Call or visit local movie theaters, video/DVD stores, music retailers, magazine

NC–17; (b) selling recordings with parental advisory labels; (c) displaying and selling adult

Second, interview customers of these media outlets. Have their buying or renting experiences

been restricted according to age, or do retailers ignore age guidelines?

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3. Interpretation. What are the meanings of the patterns? You might wish to consider the main

5. Engagement. With the aid of your course instructor, develop your findings into a more

stronger self–enforcement of age restrictions by media retailers? Does it suggest government

action? Or does it suggest a problem with retailers who use media-labeling systems as the

default censorship system (i.e., they don’t sell or rent any content with adult ratings or

parental advisory labels)?

DOES EXPRESSION ON THE INTERNET NEED LAWS?

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Divide the class into four groups, and stage a mock public forum to consider the current

debate over legal control of the Internet.

consumer interests. This group will align itself if necessary with Group 2 as long as that

alliance doesn’t infringe on its commercial interests.

the home.

becomes a citizen medium.

• Group 4: The reporters who ask the tough questions.

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spokespersons as “specialists” on various issues and consider what questions they will be asked

by the reporters. Group 4 should brainstorm and prepare an equal number of questions for each

group.

compromises completely undermine each group’s position?

CLASSROOM MEDIA RESOURCES

LAUNCHPAD FOR MEDIA & CULTURE:

launchpadworks.com

Bloggers and Legal Rights (2009, 4:06 minutes). Legal and journalism scholars discuss the legal

rights and responsibilities of bloggers. Featuring Richard Campbell, Frank LoMonte, and Joe

Urschel.

Bullying Converges Online (2013, 4:35 minutes). This video explains the spread of

cyberbullying and its effects.

and Frank LoMonte.

Freedom of Information (2010, 4:51 minutes). In this video, George Kennedy interviews Ken

Bunting about the National Freedom of Information Coalition.

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Stephen Colbert Interviews John Seigenthaler (2014, 5:10 minutes). In this video, Stephen

Colbert, on his former Comedy Central fake news program The Colbert Report, interviews

John Seigenthaler, author of “A False Wikipedia ‘Biography.’”

VIDEOS/DVDS/CDS

DC Metro Bans First Amendement (Aug. 9, 2017). Can the government ban the text of the First

Amendment on municipal transit ads? The ACLU filed a lawsuit challenging the Washington