In the famous 1947 court case Roth v. United States, obscenity was affirmed as being unprotected by the First Amendment, meaning it was a punishable offense in the eyes of the law. Sam Roth was convicted of mailing an obscene publication which was in direct violation of federal law. When the Supreme Court affirmed his... Continue Reading →
First Amendment Forum
Trump’s Problem with Libel
By: Sarah C Last week, the New York Times published a bombshell article bringing Brett Kavanaugh back into the public consciousness. The article told the story of Deborah Ramirez, a classmate of Kavanaugh’s at Yale who was sexually harassed by him at a party. She recounted that Kavanaugh repeatedly thrust his penis in her face... Continue Reading →
Obscenity’s Obsolescence
Have you ever been describing a night out with friends or a date and omitted a few details depending on who you were talking to? Not because you yourself were ashamed of what happened, but because you knew that person would not be comfortable hearing the details of the night. This comfort threshold, held... Continue Reading →
The First Amendment: Protecting More than Just Non-Controversial Ideas
Seven years ago, the County of Lackawanna Transit System (COLTS) rejected a proposed bus advertisement from the Northeastern Pennsylvania Freethought Society, an organization for atheists, agnostics, secularists, and skeptics. COLTS refused to run the ad because it included the word “atheist.” This decision was on the basis that it's the policy of the transit system... Continue Reading →
The fine line between sex and obscenity; a First Amendment conundrum
Anthony Lewis's Freedom for the Thought that we Hate tackled another taboo subject from our handy list of human rights this week. In his chapter titled "Another's Lyric," Lewis outlined how the Supreme Court decides what’s too raunchy for media and what isn’t. As one of mankind’s greatest motives, sex is a historically hot topic... Continue Reading →
Welcome to The Critic’s Corner
Welcome to the "Critic's Corner" where students from COMM-327- Culture of the News at Simmons University blog about the role of journalism in society. Students will take turns blogging about the weekly reading and about the news.
Can the simple exercising of speech cause harm?
In the study of constitutionally protected speech, there is much discussion on whether speech that incites violence, hate crimes, or intentional falsehoods should be protected. There is however, another category in which speech can and has been regulated that has nothing to do with its content or potential for violence. Sometimes, the overexercise of speech... Continue Reading →
Should we protect false speech in the era of ‘alternative facts’?
Does the First Amendment protect your right to lie? Is it still protected speech if it is false speech? The short answer is yes and no. Yes, false statements are protected as a form of speech, but no, it isn't in all cases. As Brandon May explains in a recent article, "The Supreme Court states... Continue Reading →
Group project: Bryanna, Alyssa, Emily, and Juli
Check out our website here: protestpalresource.wixsite.com/getactive
My Lips Are Never Sealed
The United States of America, the land of the free and home of the brave. I often think about the significance of these words. What makes America great? Is it actually great? In this incessant news cycle, there is always something that disappoints and/or stresses me out. One week, it’s the President’s denial of climate... Continue Reading →