• How has the Supreme Court limited seditious speech and
obscenity?
• What are the issues of prior restraint and press confidentiality?
• What limits have the Court placed on the media?
• What are symbolic speech and commercial speech?
The Free Exchange of Ideas
Freedom of Speech and Freedom of Press guarantees are
meant to:
• Protect each person’s right of free expression, whether
spoken, written, or communicated in any other way.
• Protect all persons’ right to a complete discussion of public
affairs.
Freedom of Speech and Press do not protect:
• Libel, the false and malicious use of written words
• Libel, the false and malicious use of written words
• Slander, the false and malicious use spoken words
• Obscenity
• Words that incite others to commit crimes
Seditious Speech
Congress has enacted three major laws to prevent sedition
and seditious speech:
• The Alien and Sedition Acts—made scandalous or false
criticism of the government illegal. Expired before Thomas
Jefferson took office in 1801.
• The Sedition Act of 1917—made it a crime to encourage
disloyalty or spread anti-government ideas during a time of
crisis. Upheld by the Supreme Court in instances of “clear and
present danger.”
• The Smith Act of 1940—forbade advocating violent overthrow
of the government, and belonging knowingly to any group that
does. The Supreme Court still upholds the constitutionality of
the law, but over time has modified it so that it is difficult to
enforce.
Obscenity
Obscenity laws are enforced under the postal power (Article I,
Section 8, Clause 7 of the Constitution).
Prior Restraint
In most cases, the government cannot curb ideas before they
are expressed. It can punish ideas after they are expressed.
The Media
Symbolic Speech
• Symbolic speech is expression by conduct.
• Picketing, the patrolling of a business site by workers on strike,
is a prevalent form of symbolic speech.
• Supreme Court rulings show that the blanket of symbolic
speech covers only so much. It does not cover destroying
draft cards (United States v. O’Brien, 1968) but it does
encompass flag burning (Texas v. Johnson, 1989, and United
States v. Eichman, 1990).
Commercial Speech
Commercial Speech is speech for business purposes, usually
advertising.
Review Questions:
Which of the following statements about prior restraint is TRUE?
a. Prior restraints are usually upheld by the Supreme Court.
b. The Constitution guarantees the right of prior restraint.
c. The Supreme Court has only rarely upheld prior restraints.
d. Prior restraints are necessary to prevent censorship.
Laws against seditious speech have been upheld by the Supreme Court if they
a. disagree with the government in public.
b. urge people to vote against the government.
c. urge people to overthrow the government.
d. support the party out of power.
Which of the following statements about commercial speech is TRUE?
a. It is legal to print false or misleading advertising only to benefit government-funded products.
b. Cigarette ads are permitted on radio and television.
c. Federal law forbids pharmacies from advertising prescription drug prices.
d. Commercial speech is protected by the 1st and 14th amendments.
Answers: C / C / D