Freedom of Speech

1
Freedom of Speech and Freedom of the Press Risks
to Public Safety
2
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
3
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
4
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?

5
Prior Restraint and National Security

• Reporting on domestic spying The New York
  Times and/v. The White House

6
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

7
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