The Handy American Government Answer Book by Gina Misiroglu

Author:Gina Misiroglu
Language: eng
Format: epub
Publisher: Visible Ink Press
Published: 2017-12-06T05:00:00+00:00

Because saluting the American flag is legally considered a form of free speech, the Supreme Court ruled that a person could not be forced to do so.

How is the banning of books in schools related to freedom of speech?

Because banning books involves the restriction and/or censorship of materials by an individual or group that feels the books’ opinions are unorthodox or unpopular, it cuts to the heart of freedom of expression as guaranteed by the First Amendment. Challenges to books in schools or libraries are often motivated by a desire to protect children from “inappropriate” sexual content or “offensive” language; however, censorship of constitutionally protected speech by librarians or school officials, even if for a child’s protection, violates the First Amendment. According to Herbert N. Foerstel’s Banned in the U.S.A. and other sources, frequently challenged books of the 2000s included Of Mice and Men by John Steinbeck, The Catcher in the Rye by J. D. Salinger, I Know Why the Caged Bird Sings by Maya Angelou, Lord of the Flies by William Golding, Slaughterhouse-Five by Kurt Vonnegut, and The Color Purple by Alice Walker.

How do freedom of speech and freedom of the press relate?

Of all the liberties listed in the Bill of Rights, scholars and civil libertarians maintain that there is a “trio of rights” that are so closely related they are often discussed together as one: freedom of speech, freedom of the press, and freedom of assembly. In a democratic society, if free speech is to have an effect, it must be disseminated through a free media. An audience must also have the freedom to gather to listen to a speaker who is communicating his or her ideas in order for a free exchange of thought and information to be possible. Because democracy involves public debate and open decision making, the communication of ideas, opinions, and information is essential, both through the spoken and printed word. Newspapers, magazines, radio, and television serve as both forums for debate and sources of information on which decisions can be based.

What are the limits on a free press?

Under the First Amendment, the press—which is also referred to as mass media and includes all print and electronic media—is protected, although different constitutional rules apply to each kind of media. Besides issues of copyright infringement and libel, the print media are for the most part unregulated. The electronic media—radio, television, and the Internet—are subject to limited regulation based on the Federal Communications Act of 1934, administered by the Federal Communications Commission (FCC). Because radio and television use public airwaves to broadcast their programs, they must do so with the public’s permission and thus have a license to broadcast that is subject to FCC renewal. While the FCC cannot censor program content, it can prohibit the use of indecent language. In general, the Supreme Court has given cable programming broader First Amendment freedom than it has traditional television.

Can obscene films be banned under the First Amendment?

Yes. Although the Supreme Court has determined that liberty of expression

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