• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer

Gateway Journalism Review

Published continuously since 1970

  • Email
  • Facebook
  • Phone
  • Twitter
  • Home
  • About GJR
  • News
    • Police Accountability Project
    • Midwest
    • Opinion
    • Media
  • Print issue
  • First Amendment Celebration
    • Watch: 11th Annual First Amendment Celebration

Does First Amendment protect ‘Innocence of the Muslims’ film?

September 14, 2012 by William H. Freivogel 2 Comments

image_pdfimage_print

Justice Oliver Wendell Holmes Jr. wrote a century ago that free speech didn’t protect a person “falsely shouting fire in a theatre and causing a panic.” Now some news commentators are dusting off that memorable aphorism to suggest the offensive film,

buy generic viagra

“Innocence of the Muslims,” is not protected by the First Amendment.

The commentators are probably wrong.

Christiane Amanpour put it this way on ABC this week: “There is obviously freedom of expression in this country. There is also a 100-year-old law by the United States Supreme Court which says you can’t [falsely] cry fire in a crowded theater.”

Amanpour is off base for a couple of reasons. Holmes’ line, while colorful and memorable, is not a law. Moreover, Holmes wrote those words in an early First Amendment case where he upheld the conviction of a socialist who circulated leaflets urging men not to comply with the draft during World War I. That kind of speech would clearly be protected today, now that the First Amendment is more robust.

Offensive expression, even burning a Bible or a Koran, would be protected in the same way that burning the American flag is protected speech.

Just because the First Amendment protects the speech does not mean Google must keep it posted to YouTube. The First Amendment applies to the government, not to a private enterprise such as Google.

YouTube took down the movie trailer in Egypt and Libya. Pakistan and Afghanistan also took steps to block it and Indonesia asked that the film trailer be blocked. Otherwise, the trailer remained accessible.

In a statement YouTube said the film trailer was clearly permissible under its terms of service.

“We work hard to create a community everyone can enjoy and which also enables people to express different opinions,” the YouTube statement said. “This can be a challenge, because what’s OK in one country can be offensive elsewhere. This video – which is widely available on the Web – is clearly within our guidelines and so will stay on YouTube. However, given the very difficult situation in Libya and Egypt, we have temporarily restricted access in both countries. Our hearts are with the families of the people murdered in yesterday’s attack in Libya.”

YouTube’s terms of service state: “We encourage free speech and defend everyone’s right to express unpopular points of view. But we don’t permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status and sexual orientation/gender identity).”

The Justice Dept. announced it was investigating the murders of the 4 embassy personnel in Libya. It was unclear whether that investigation concerned hate crime laws . But prosecution under hate crimes statutes requires a high proof of intent, which could be difficult to muster in this case.

Amanpour commentary: http://www.mediaite.com/tv/christiane-amanpour-implies-%E2%80%98extremists-in-this-country%E2%80%99-inspired-murderous-riots-in-n-africa/

New York Times story on YouTube: http://www.nytimes.com/2012/09/14/technology/google-blocks-inflammatory-video-in-egypt-and-libya.html?_r=1&hp

 

Author

  • William H. Freivogel

    View all posts

Share our journalism
           

Filed Under: Media

Archive of St. Louis Journalism Review

The St. Louis Public Library maintains an archive of our collection when Gateway Journalism Review was the St. Louis Journalism Review.

Primary Sidebar

Sign up for our weekly newsletter!

Don't miss original stories about local journalism happening between the coasts. We deliver media news from the Midwest to your inbox every Thursday afternoon.


By submitting this form, you are consenting to receive marketing emails from: Gateway Journalism Review, SIU Carbondale School of Journalism, Carbondale, IL, 62901, http://www.gatewayjr.org. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact
No audio track to show. (Invalid input URL)

Life After Journalism


IRE Radio


Illinois News Broadcasters


Footer

11th Annual First Amendment Celebration featuring Evan Osnos

https://vimeo.com/704150392?loop=0

10th Annual First Amendment Celebration featuring Claire McCaskill

https://www.youtube.com/watch?v=vwtrmyauuBA

Listen to GJR’s Founder

Become a sustaining member or associate of GJR with a recurring or one-time donation that supports our journalism.

Copyright © 2023 · Magazine Pro on Genesis Framework · WordPress · Log in