1. Freedom of speech became a point of controversy quite early in this nations’s history, when Congress passed the Sedition Act of 1798.The law made it a crime, punishable by up to two years imprisonment, to publish ” any false, scandalous and malicious writing” with intent to stir up contempt for the federal government, government officials =, or their official acts.
1. The clear and present danger test- an attempt to define the point at which speech come close enough to triggering serious harm that it loses First Amendment protection-was born.
2. Espionage Acts of 1917 came about in the case Schenck v. United States.
3. The Smith Act of 1939, outlawed speech that advocated either forceful overthrow if the government or disloyalty among members of the military.
1. Incitement Standard: A stricter version of the clear-and-present danger test, adopted by the U.S. Supreme Court to determine when speech is sufficiently dangerous that it may be punished.
1. Thefirst is the Pentagon Papers case of 1971, formally titled New York Times Company v. United States. A consultant who worked for the Pentagon leaked some manuscript to the New York Times and the Washington Post .Once they were published, a restraining order was filed to stop further publications; claiming national security.
1. In general usage negligence is simply another word for carelessness. In law it means a failure to exercise the degree of care that a reasonable person would have exercised under the circumstances-often referred to as a failure to exercise reasonable care or due care
2. The tort of negligence is committed when: (1)the defendant owed a legal duty to use due care (2) the legal duty was breached (3) and the breach was the proximate cause of the resulting injury.
3. In the last fifteen years there have been an increase in tort cases against the media for personal harm relating to content. Through the U.S. Supreme Court has yet…