Section III
The First Amendment and Freedom of Expression
Goals for Studying First Amendment
The First Amendment
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievance."
Council of Europe - Article 10
"Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television, or cinema enterprises."
"The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for the protection of information received in confidence, or for maintaining the authority and impartiality of the judiciary."
Attempts to Limit Press Freedom
Legal Theories of First Amendment
Seditious Libel
Prior Restraint
When is Prior Restraint Allowed?
Guidelines for Time, Place, and Manner Restrictions
Commercial Speech Protection
Test for Protection of Commercial Speech
Traditional Mass Media and First Amendment Protection
Criteria for Distinguishing First Amendment Protection by Media
First Amendment Protection and the Internet
S.Ct. rules in Reno vs. ACLU (1997) that Internet should receive highest level of protection like print media
Who is Imposing Speech Restrictions?
In What Capacity can the Government Restrict Speech?
Types of Speech