Simone Lawson
Censorship is the suppression of ideas and information that some individuals, groups, or government officials find objectionable or dangerous. While the First Amendment to the US Constitution protects the freedom of speech and expression against government censorship, it does not protect against censorship by private citizens, businesses, or organizations. The Supreme Court has ruled that the First Amendment protects indecent pornography from regulation but not obscene pornography. Censorship often increases during wartime to suppress anti-government speech and protect military secrets. The First Amendment's protection of artistic expression has been interpreted very broadly by the Supreme Court, extending to books, theatrical works, paintings, posters, television, music videos, and comic books.
| Characteristics | Values |
|---|---|
| Censorship of student newspapers | Permissible |
| Censorship of student yearbooks | Permissible |
| Censorship of the press | Not permissible unless it interferes with the right to a fair trial |
| Censorship of pornography | Permissible if "obscene" |
| Censorship of books | Not permissible |
| Censorship of art | Not permissible |
| Censorship of music | Permissible if "indecent" |
| Censorship of social media platforms | Permissible if engaging in viewpoint-based discrimination |
Explore related products
What You'll Learn
Censorship in schools
The Supreme Court case Board of Education v. Pico (1982) addressed the issue of censorship in schools. The Court held that the right to receive ideas is fundamental to individuals' meaningful exercise of their rights to speech, press, and political freedom. This case established that public schools and libraries are settings for legal battles over student access to books and the removal of "offensive" material. While schools can remove or ban information, there are limitations, such as the prohibition against removing books solely because they conflict with personal beliefs.
In recent years, there has been a significant increase in censorship requests and the implementation of laws restricting classroom discussions and curricular content. According to the American Library Association, almost 70% of censorship requests target school libraries and classrooms, with books, films, and lectures being subject to removal. A notable pattern has emerged, with requests often driven by personal beliefs and objections to sexually explicit content, anti-family themes, or the promotion of homosexuality. This has resulted in a growing culture of fear and intimidation in schools, with educators self-censoring to avoid scrutiny and potential legal repercussions.
The push for classroom censorship has been fueled by backlash against progress towards racial justice and criticism of critical race theory. Efforts to exclude discussions about racism, sexism, and the ongoing impacts of slavery and discrimination have been prevalent, with 45 states introducing bills to limit instruction on these topics. This has led to a denial of educational opportunities for students to learn about their rights and the world around them, particularly impacting BIPOC and LGBTQ+ students and their lived experiences.
The lack of clear guidelines for school administrators regarding censorship decisions has contributed to the complexity of the issue. While some schools have adopted suggested guidelines from organizations like the National Coalition Against Censorship, the absence of consistent standards can lead to inconsistent acts of censorship and legal challenges.
What Constitutes Reasonable Wear and Tear on Walls?
You may want to see also
Censorship in the press
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The First Amendment gives everyone in the United States the right to hear all sides of every issue and make their own judgments without government interference. However, this right to free speech and press is not absolute, and the Supreme Court has established guidelines for defining what constitutes protected and unprotected speech. For example, the Supreme Court's current definition of constitutionally unprotected obscenity has three requirements:
- The work must appeal to the average person's prurient (shameful, morbid) interest in sex;
- It must depict sexual conduct in a "patently offensive way" as defined by community standards;
- Taken as a whole, it must lack serious literary, artistic, political, or scientific value.
The Supreme Court has also ruled that school officials have broad powers of censorship over student newspapers, as in Hazelwood School District v. Kuhlmeier (1988). In this case, the Court found that school officials could censor articles for various reasons, including if they thought the subject matter was inappropriate.
Censorship often increases during wartime to suppress anti-government speech and protect military secrets. During World War I and World War II, war correspondents' reports were subject to advance censorship, and this was upheld by the Supreme Court as constitutional, protecting free speech from tyranny.
Private pressure groups, rather than the government, were responsible for the infamous Hollywood blacklists during the McCarthy period. However, private censorship campaigns can be countered by groups and individuals speaking out and organizing in defence of threatened expression.
The First Amendment also applies to state and local governments due to the Fourteenth Amendment. Government agencies and officials are forbidden from regulating or restricting speech based on content or viewpoint. However, there have been instances of local censorship, such as the banning of books in schools, and the suppression of abolitionist pamphlets in the South before the American Civil War.
In conclusion, while the First Amendment provides strong protection for freedom of the press in the United States, there are certain permissible forms of censorship, particularly in cases of obscenity, student publications, wartime reporting, and local government regulations.
The Constitution: Power Distribution Among Citizens
You may want to see also
Censorship in wartime
During World War II, the United States government established the Office of Censorship, an emergency wartime agency, to regulate communications entering and exiting the country. This agency worked to balance the protection of sensitive wartime information with the constitutional freedoms of the press, and its efforts were considered largely successful. The Office of Censorship implemented a voluntary regulatory code that was willingly adopted by the press, demonstrating a degree of self-regulation within the industry. This code focused on preventing the publication or broadcast of information valuable to the enemy without authorization, such as factory production figures, troop movements, and damages to American forces.
The American press also practiced self-censorship by emphasising patriotic reporting and suppressing negative news that could impact civilian morale. This included minimising reports of casualties, military setbacks, and incidents that reflected poorly on the war effort, such as looting, black marketeering, and race riots. The government relied on the patriotism of reporters, who tended to accentuate the positive in their dispatches from the front lines.
In contrast, other countries like Germany, Italy, and Japan employed stringent censorship to promote propaganda glorifying their regimes while hiding military setbacks and atrocities. The British government successfully controlled news of advances in radar, the Normandy invasion, and the development of the atomic bomb. Censorship during wartime can have a significant impact on societal views and the public's perception of the conflict. It can also extend beyond military security matters to include any news that could be useful to the enemy or damaging to morale on the home front.
While the Supreme Court has upheld certain forms of censorship, such as in the case of Hazelwood School District v. Kuhlmeier, it has also recognised the right to receive information as a fundamental right protected under the Constitution. The Court has generally been reluctant to censor previously classified materials and has established guidelines to define protected and unprotected speech. The First Amendment of the Constitution guarantees freedom of speech and the press, and it prevents public institutions from compromising these freedoms.
The Vice Conundrum: Who Decides What's Right and Wrong?
You may want to see also
Explore related products
$29.99 $45
$11.99 $17.99
Censorship of pornography
Censorship in the United States is a complex issue that has evolved over time and continues to be a subject of debate and litigation. The First Amendment to the United States Constitution guarantees freedom of speech and freedom of the press, which inherently conflict with the concept of censorship. However, there are certain exceptions and limitations to these freedoms, particularly when it comes to obscenity and pornography.
Pornography and obscenity are often at the centre of discussions surrounding censorship in the US. While the First Amendment protects indecent pornography from regulation, obscene pornography is not protected. People convicted of distributing obscene pornography face severe consequences, including lengthy prison sentences and asset forfeiture. Federal law also prohibits the broadcasting of indecent material during certain hours, although cable and satellite transmissions are exempt from this restriction.
The advent of the internet and online pornography has further complicated the issue of censorship. The Communications Decency Act of 1996 aimed to restrict internet pornography, but parts of it were later struck down as unconstitutional by the Supreme Court in 1997. The Child Online Protection Act (COPA) was then introduced to limit commercial distributors of "material harmful to minors", but this law was also found to be unconstitutional for hindering protected speech among adults.
The possession and distribution of child pornography is strictly prohibited and is not protected by the First Amendment. The Supreme Court case of Osborne v. Ohio affirmed that states' prohibitions on the possession of child pornography are consistent with the First Amendment, making it illegal to possess such material even in private.
In conclusion, while the First Amendment guarantees freedom of speech and freedom from censorship, there are certain exceptions, particularly when it comes to obscenity and pornography. The Supreme Court has played a significant role in interpreting and defining the boundaries of these exceptions, and the issue of censorship of pornography continues to evolve with the changing landscape of technology and societal norms.
The US Constitution: Lasting Legacy and its Secrets
You may want to see also
Censorship by private groups
The First Amendment of the U.S. Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, guarantees freedom of speech and freedom of the press. It states that "Congress shall make no law [...] abridging the freedom of speech, or of the press". However, the First Amendment only prevents government restrictions on speech and does not extend to private entities.
Private companies, such as social media platforms, are free to make their own decisions regarding content moderation and can restrict speech on their platforms. For example, Facebook and Twitter have been accused of censoring conservative talking points, while conservative figures have claimed that their posts were removed due to their political leanings. In response, social media companies have stated that they remove content containing hateful and inflammatory rhetoric and misinformation.
The Supreme Court has also ruled that private schools have broad powers of censorship over student newspapers. In Hazelwood School District v. Kuhlmeier (1988), the Court decided that school officials could censor student newspapers.
Private companies can also pressure public institutions, such as libraries, to remove or restrict access to certain information or materials that they deem inappropriate or dangerous. This can limit the public's access to information and their ability to make their own judgments, as protected by the First Amendment.
Additionally, corporations may be influenced by government pressure or legal requirements to remove or limit access to content on the Internet that is deemed obscene, harmful to children, defamatory, a threat to national security, promoting illegal activities, or inciting violence. For instance, the Child Online Protection Act of 1998 was an attempt to restrict Internet pornography, while the Protect Intellectual Property Act of 2011 aimed to curb "rogue websites" dedicated to infringing or counterfeit goods.
John Adams: A Constitutional Rebel?
You may want to see also
Frequently asked questions
The First Amendment protects the right to free speech and free expression, and it advocates respect for the right of others to do the same. Censorship is the suppression of ideas and information that some individuals, groups, or government officials find objectionable or dangerous. Government censorship is unconstitutional, but private censorship is protected by the First Amendment.
Books, newspapers, magazines, plays, movies, comedy shows, music, and art are all subject to censorship. Sex and sexual expression in art and entertainment are the most frequent targets of censorship.
The Supreme Court has established guidelines for defining what constitutes protected and unprotected speech. The Court has accepted some censorship of the press when it interferes with the right to a fair trial, but has been reluctant to uphold gag orders. The Court has also ruled that student journalists have very limited rights, and that school officials have broad powers of censorship over student newspapers.
Censorship is the suppression of words, images, or ideas that are "offensive" and is often carried out by imposing personal political or moral values on others. Free speech is protected by the First Amendment, which gives everyone in the US the right to hear all sides of every issue and make their own judgments without government interference.
Censorship in schools often relates to the claim that certain materials are not "age-appropriate". Censorship can be carried out by school officials who think that the subject is inappropriate or that students should not be exposed to certain material because of personal ideology or belief.
