One of the most fundamental and debated core principles of America revolves around the First Amendment, specifically free speech. With the exponential growth in both the advancement and broad expanse of the internet, policy regarding its implications remain slightly outdated. The past decade has seen rapid growth in online creators including websites, music artists, video creators, and podcast creators to list a few. Over time, the issue of using others’ content has arisen, and the question of what should be protected under copyright laws surfaced. The issue is complicated because one does not want others to commercialize and benefit off of the ideas of others, however not being able to say certain things or analyze bodies of literature or music may be viewed as infringing upon the first amendment. Consequently, there has developed a complicated gray area of what should and should not be protected, of what is and is not legal. To subsidy this complex issue, the copyright fair use law was created, with four …show more content…
The implication of these fair use regulations is broad and significant and allows for creative freedom. For example, from the first factor, podcast creators are able to analyze other works and utilize them in their audio-based content to either parody, satirize, analyze, or discuss the work, all of which allows for greater artistic expression because without this ability, certain ideas and shows would not be possible. The second factor allows for the broad use of factual works for educational purposes, and fictional in the cases of analysis and commentary. Additionally, the third factor allows works to be used is the right amount to respect the original creator. The fourth protects the monetary impact of the original creators. Copyright fair use is significant because it allows for creative freedom while also protecting people’s
Supreme Court, in Burstyn v. Wilson, declared that the right of Americans to communicate, and receive ideas must be given and the states and cities were given fair warning that the era of total state interest was over. The majority of the Court did not follow Justice Frankfurter and simply declare the New York law void for vagueness. Instead they declared that movies were entitled to free speech protection. And even though this might not mean the application of the identical rules that govern other media of communication, it meant some protection, yet to be defined
The Free Speech Coalition claims that these prohibitions are overbroad and vague and,
The court also had to consider the concept of fair use, which allows the use of copyrighted material for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. However, fair use is a subjective and context-dependent doctrine that requires a case-by-case evaluation of several factors, such as the purpose, nature, amount, and effect of the use on the original
This case highlighted the First Amendment condemning any limit on free speech. However, during the case proceeding, the Court had dissents for deciding when the government may restrict the First Amendment. The case spread the fact that
A major problem that has dominated the world in today’s society is the development of mass media. The mass media is said, “to be divided into two types: print and broadcast,” but the advancement of the internet became problematic. The internet allows the public to view the news by providing information between the citizens, and government faster than any other source. Consequently, this resulted in the decline of newspapers while more people began reading online. The negative effect of the internet is described as, “a wild west atmosphere” in which individuals may post whatever they wish online, “without professional, organizational, or legal concerns about its source” (Janda, Berry, Goldman, Schildkraut, and Manna, 2017, 148).
Many people often use the first amendment to get away with committing horrible and despicable crimes. Although, I have never experienced up close or personal myself, but I have observed an abundance of news, movies and documentary television shows. Whereas, countless people have plead the first amendment to get away with cases such as child pornography, disturbing websites, and other horrible tends of self-expression or interest. Consequently, I consider that just like with other debates and argument of society’s concerns and problems, our amendments have their pros and cons. Hence, the constitutional amendments are frequently used in the court of law; equally can bend both ways.
The article starts by defining intellectual freedom; it also establishes that American libraries are very efficient, and are a prime source for Americans to find information. It then furthers its purpose through establishing to the reader the link between Intellectual Freedom (IF) and Freedom of Speech. The source then gives a basic layout of its argument to the reader in the form of a chart. This helps the reader follow the author’s argument. The first theory that is discussed is the marketplace of ideas theory which states that ideas should be like products and compete with one another until eventually the dominant/best idea wins.
1a) The internet is compared to provide an interpretation of the first amendment protection as it was not present at the time of passing protection laws as a communication medium to find a common ground because it has similarities and as well as differing natures, values, abuses and dangers to the library, television and public places which the law treats differently. Libraries: It requires the libraries to enable the filter to Internet access for adults as well as children if they want to receive funds for Internet hookups.
In a democracy, freedom of speech and the press must be accorded great respect, but other values such as national security, the protection of reputation or public safety sometimes conflict with First Amendment guarantees. Discuss the approaches that have been used by the Supreme Court to define the limits on expression. How have these approaches been applied in specific cases? Several restrictions have been formulated on expression.
Constitution protects speech, publications, or expression of any kind. Generally, however, the First Amendment is interpreted to mean that Congress can only limit speech when the need for a particular restriction is extremely compelling or when there is a type of speech (such as pornography or certain threats of imminent violence) that infringes on another right or freedom. When speech is restricted by the government, a “narrowly tailored” law must be passed to address just the specific need identified. Thus, under certain circumstances, speech in its many forms is subject to regulation. In determining what degree is permissible, the courts balance the interests of the state with the interests of some greater public good.
Censorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.
This trial is on Walt Disney Studios vs. Faden on the work Professor faden made to inform people on copyright, fair use and infringement. They are battling over copyright and fair use on this video. Walt Disney Studios claims that Faden’s work is copyrighted and is suing for infringement. But Professor Faden claims that he followed all the rules on copyright and he thinks it is fair use. “ Defendence you make take your stands,”The judge says in an assertive voice.
People have the tendency to take the First Amendment for granted, but some tend to use it to their favor. Stanley Fish presents his main argument about how people misuse this amendment for all their conflicts involving from racial issues to current political affairs in his article, Free-Speech Follies. His article involves those who misinterpret the First Amendment as their own works or constantly use it as an excuse to express their attitudes and desires about a certain subject matter. He expresses his personal opinions against those who consistently use the First Amendment as a weapon to defend themselves from harm of criticism.
Censorship can be described as the act of cutting out certain material that can be considered obscene or inconvenient for the community. This material can be found in social media such as in the TV, radio, or the internet. Censorship can be challenged because of the first amendment: freedom of speech. Free expression is the right of expressing opinions and ideas without any fear of being restrained or censored. However, freedom of speech does not include the right to incite actions that would harm others or the distribution of obscene material (Administrative Office of the U.S. Courts, 2000).
Throughout the last year, I 've been seeing more and more posts warning artists about art thieves and stolen art. As the age of modern technology comes upon us, modern art forgery appears in the form of digital art theft. As a non-physical product, digital art is incredibly easy to duplicate, steal and sell. Nowadays, artists display their work on social media sites such as Instagram and Amino, using these platforms to create a public portfolio and sell designs. The use of social media makes art more accessible than ever, for both viewers and thieves.