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Pop Culture Supreme Court Decisions/Censorship

Pop Culture Supreme Court Decisions/Censorship. Not a Chance!. Hustler vs. Falwell. Jerry Falwell : prominent Protestant minister; TV Evangelist; Liberty University

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Pop Culture Supreme Court Decisions/Censorship

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  1. Pop Culture Supreme Court Decisions/Censorship Not a Chance!

  2. Hustler vs. Falwell • Jerry Falwell: prominent Protestant minister; TV Evangelist; Liberty University • Hustler Magazine did a parody of an alcohol advertisement; The ad “suggested” Falwell’s first sexual encounter with his mother in an outhouse • “Jerry Falwell talks about his first time” • Falwell sues the magazine • Libel: write/publish something false giving off a negative image; destroys character • Slander: say something false in order to defame someone’s character

  3. Hustler vs. Falwell • Verdict: Hustler found not guilty of Libel; Falwell awarded $150,000 in civil court (emotional distress) • Why? The ad in the magazine listed the parody as “Fiction” in the table of contents • Reasonable people would not consider it to contain factual claims

  4. Reno vs. American Civil Liberties Union (ACLU) • Significance: 1st major Supreme Court ruling regarding regulation of materials distributed over the internet • Communications Decency Act: • Attempted to ban the “knowing” transmission of obscene/indecent materials across the internet to anyone under 18. • Verdict: SC rejected Communications Decency Act; • Why? In practice, the Act banned too much “speech” that could be legally accessed by adults

  5. Branzburg vs. Hayes • Paul Branzburg (Louisville, KY) conducting a report on illegal drug use • One article featured unidentified hands using drugs • 2nd article used marijuana users as sources • Eric Caldwell (NY Times) & Paul Pappas (Massachusetts) were subpoenaed about same time as Branzburg to testify about illegal activities while investigating Black Panthers • All 3 were called in to testify before a grand jury about separate potential charges

  6. Branzburg vs. Hayes • All 3 reporters refused to testify under the Reporter’s Privilege & were held in Contempt of Court • Reporters argued: too hard to get info. otherwise; who would give them info. if there is no confidentiality? • Verdict (5-4): Reporters do not get extra protections under law & must testify if asked to do so

  7. Bethel School District vs. Fraser • Washington (state) • Student by the name of Matthew Fraser gave a speech nominating fellow classmate Jeff Kuhlman for student body vice-president • The speech was filled with several sexual innuendos (different speech than the one the school approved) • The school suspends him & refuses to allow him to speak at graduation • Verdict: SC upheld the school’s decision to suspend him & said his 1st Amendment rights were not violated • Issue at hand: Was the speech “disruptive” to educational environment

  8. Bill Clinton vs. Paula Jones • Incident occurred while Clinton was Governor of Arkansas • Jones was a state employee who sued Clinton for sexual harassment • Monica Lewinsky scandal also comes out as a result of this lawsuit • Verdict: Jones received $850,ooo but no apology. However, she only received $151,000 after legal expenses

  9. FCC • Federal Communications Commission • Purpose: To regulate interstate & international communications by radio, TV, cable, satellite, wire • How do they affect pop culture??? • Censor Media to make sure it is suitable for the public • Look at profanity, sexual situations, violence, etc. • Set requirements/restrictions for when & if something can be shown

  10. 2004 Crackdown • “Nipplegate” • Super Bowl Halftime show included a song by Justin Timberlake & Janet Jackson where Jackson’s breast was exposed • Record 200,000 Americans called CBS to complain • CBS was dropped by Viacom as a result • Lawsuits filed against CBS/Viacom claiming indecent exposure & trauma to children • Viacom settled for $3.5 million & paid $500,000 FCC fines • Congress raised fine limit from $27,500 to $375,000 • Big crackdowns on other shows, networks paranoid, FCC much stricter

  11. FCC Criticisms • Too harsh; violate 1st Amendment • Not harsh enough; allow too much obscenity/violence • Aiding illegal wiretapping • Too extreme – FCC considers 1 complaint representative of 1 million people Not a Chance!!!

  12. Reactions to Crackdown • Moved to private airways – Ex. Howard Stern • Networks moved shows later in primetime • Censor content & later put it on internet • Be less controversial

  13. CISPA • Cyber-Intelligence Sharing & Protection Act (CISPA) • New cyber-terror bill being considered in Congress • Goal: To stop cyber-terror threats by allowing the government to more efficiently (receive information about potential threats from websites, e.g. Google, Facebook) monitor potential malicious hackers • Critics: Too few limits on how & when the gov’t. may monitor private individuals internet browsing • Gov’t. may use powers to monitor the general public more than track down hackers

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