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Freedom of Speech and Press: Historical Development and Significance, Assignments of Communication and Development studies

An insight into the historical development of freedom of speech and press in the united states. It discusses how societal changes and judicial decisions have expanded the first amendment protections, contrasting the restrictions in place during the 1800s. The document also covers common law, the licensing system, and the impact of the zenger case on the bill of rights.

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Pre 2010

Uploaded on 10/28/2009

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Caroline Downing
9/10/09
COM-301-E1
Brown
Study Questions- Introduction and Chapter 1
1. Freedom of speech and press seem to have much more First Amendment
protection today than in 1800 because it has undergone changes with every
generation (xv). Judges do not exist in a vacuum, and the society in which
they live influence their attitudes and ideals (xiv). The combination of those
two facts would make it impossible for speech and the press to stay as
restricted as it was in the 1800s, because society itself has become more
liberal in what it accepts as appropriate. *
2. Common law is: “law not defined by explicit statutes but by judicial
decisions” (xi). This means that it is law that does not come from congress,
but rather from a decision previously made by a judge. Precedent is also
based on a decision made by an earlier judge. That decision sets up the
“common law.” Common law comes from lots and lots of case decisions over
many years.
3. King Henry VIII set up the licensing system for all publications in 1538. It
prevented the publication of unpopular decisions and created lucrative
printing monopolies. Those monopolies decided what could and could not be
printed, and gave no reason when printing was denied (1). Governments
used licensing as a way to silence dissenters by refusing them a license to
print their opinions.
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Caroline Downing 9/10/ COM-301-E Brown Study Questions- Introduction and Chapter 1

  1. Freedom of speech and press seem to have much more First Amendment protection today than in 1800 because it has undergone changes with every generation (xv). Judges do not exist in a vacuum, and the society in which they live influence their attitudes and ideals (xiv). The combination of those two facts would make it impossible for speech and the press to stay as restricted as it was in the 1800s, because society itself has become more liberal in what it accepts as appropriate. *
  2. Common law is: “law not defined by explicit statutes but by judicial decisions” (xi). This means that it is law that does not come from congress, but rather from a decision previously made by a judge. Precedent is also based on a decision made by an earlier judge. That decision sets up the “common law.” Common law comes from lots and lots of case decisions over many years.
  3. King Henry VIII set up the licensing system for all publications in 1538. It prevented the publication of unpopular decisions and created lucrative printing monopolies. Those monopolies decided what could and could not be printed, and gave no reason when printing was denied (1). Governments used licensing as a way to silence dissenters by refusing them a license to print their opinions.
  1. The Bill of Rights was added to the constitution, in large part, due to the case of John Peter Zenger. He was the printer of the New York Weekly Journal that attacked the William Cosby, the governor of New York, who prosecuted Zenger for seditious libel. The jury was told t ignore the judge’s ruling of guilty against Zenger and make their own decision. They found Zenger not guilty, which did not overturn the law, but set the wheels in motion for the Bill of Rights (4). Incorrect answer. The Zenger case occurred during the colonial period, long before the writing of the Constitution and Bill of Rights. See pp. 6-9.
  2. “Bulwark of Liberty,” is a phrase that means the “tree trunk” of liberty. The freedom of the press is sometimes referred t as this because the press is what gives society the information of what is going on, whether it be in politics or otherwise (6). Where did you get the definition “tree trunk” from? “Bulwark” means “protection.” The phrase means that one of the strongest protections we have for our freedom as a society is the ability of the press to keep us informed and not be censored by the government. B-