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"Willingness to Censor":
Developing a Quantitative Measurement
Across Speech Categories and Types of Media
 
 
 
 
 
 
 
 
 
 
 
Jennifer L. Lambe
 
School of Journalism and Mass Communication
University of Minnesota
111 Murphy Hall
206 Church St. SE
Minneapolis, MN 55455
(612) 624-5038
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Submitted for consideration to:
1998 AEJMC Convention
Mass Communication and Society Division
 ABSTRACT
 
"Willingness to Censor":
Developing a Quantitative Measurement
Across Speech Categories and Types of Media
 
        Previous research about individual attitudes towards free expression focuses
either on one category of speech (like pornography), or treats expression as a
single concept. The "Willingness to Censor" scale measures across seven speech
categories, and seven types of media.  Subjects respond to 49 scenarios, each
incorporating a unique combination of speech category and medium.  From this
scale, it is possible to generate an overall willingness to censor score, and
subscores for each category and medium.
 "Willingness to Censor":  Developing a Quantitative Measurement
Across Speech Categories and Types of Media
 
        Freedom of speech, thought and conduct are at the core of traditional concepts
of liberty in a democracy.  In a diverse society, it is inevitable that opinions
and beliefs will clash.  Free expression, while highly prized, is not an
absolute right.  First Amendment scholar Thomas Emerson argues that the most
difficult aspect of maintaining a system of free expression is deciding "what
limitations, if any, should be imposed to reconcile that interest with other
individual and social interests" (1967:  16).  Current debates like those about
how to keep children away from inappropriate material on the Internet, and
whether or not hard liquor advertising should be allowed on television remind us
that, as a society, we do place limits on free expression.
        In the law that has developed surrounding the First Amendment, these limits are
set differently depending on the type of expression involved (e.g. political
speech or pornography), and also depending on where the message is conveyed
(e.g. on television, or at a speech in a public park).  Previous research that
provides quantitative measures of individual attitudes about free expression
treats expression as a single concept, or focuses on one specific category of
expression like pornography.  The question of whether individuals think that
expression should be treated differently in various kinds of media has also not
been addressed.
        The goal of this project is to develop a valid and reliable quantitative
measurement of an individual's willingness to censor across speech categories
and across media. Such a measurement would be useful in order to compare
differences among speech categories, differences among the various media,
differences among subsets of people, and interactions between categories, media
and people.
        The development of this scale is not meant to suggest that individual or
collective attitudes toward free expression be used as a guide for determining
where the limits on free expression will be drawn legally.  The First Amendment
is designed, in part, to protect expression even in the face of opposing popular
opinion.  Neither is this research meant to suggest that the government should
actively protect expression in every circumstance.  Rather, it is the ultimate
goal that this measurement tool help to provide a better understanding of the
way that individuals think about free expression, in the hopes that such an
understanding will allow insight as to how tolerance for the exercise of First
Amendment rights might be maximized in particular circumstances.  Existing First
Amendment law and theory are used as a guide for developing the measurement
tool.  This paper describes the development of the survey instrument and
presents results from a pilot study.
Scale Development
Willingness to Censor
        Previous quantitative measures have defined censorship as any effort to
restrain expression.  Legally, however, censorship occurs only when the
government restrains expression in some way.  Accordingly, subjects are asked to
indicate what they believe to be the most appropriate government response in
different situations. Drawing on First Amendment law, this scale incorporates
five possible government reactions to expressive behavior:
  1.    prior restraint - stopping the communication before it happens; this is
     the classic form of censorship
  2.    subsequent punishment - imposing fines or other penalties after the
     communication has taken place
  3.    time, place, manner restrictions - regulating some content-neutral
     aspect of expression; examples would be regulations about the volume level
     on a sound truck, or not allowing a parade to march on a busy street during
     rush hour
  4.    allow - not taking any action one way or the other, thus permitting the
     expression to happen by default
  5.    protect - actively ensuring that the expression will take place; for
     example, by issuing some kind of order or providing police escorts
 
Categories of Speech & Types of Media
        The U.S. Supreme Court has afforded different levels of First Amendment
protection according to the category of expression involved.  Seven different
categories of expression are included in this scale:  pornography, hate speech,
speech which raises privacy issues, political speech, abortion speech,
defamatory speech, and commercial speech.  These categories were selected by
examining category distinctions made in recent Supreme Court decisions and media
law textbooks.
        In addition, the Supreme Court has used a medium-specific approach to First
Amendment litigation, creating different models of protection for different
forms of communication.  Seven different media were incorporated into the scale
items:  "pure" speech, demonstrations (defined as including some conduct, like
picketing, as well as speech), newspaper, magazine, television, cable, and the
Internet.
        A total of forty-nine items were compiled, one representing each possible
combination of medium and category.[1]  From these items, it is possible to
generate an overall "willingness to censor" score, as well as subscores for each
medium and category.  Each item consists of a scenario, followed by a
description of the five possible government responses.
        A sample item representing the political speech/demonstration combination
reads:
     A group protesting the U.S. government's foreign policy in
     Iran burns the flag on a street corner.
        I think the government should:
     __ make it illegal to burn the flag
     __ arrest the protesters for disturbing the peace
     __ require the protesters to hold their
        demonstration in a less populated area
     __ do nothing
     __ protect the protesters' right to demonstrate
        The scenarios were adapted from actual court cases, identified through the
Media Law Reporter and Westlaw.[2]  In each circumstance, the expressive
activity was held to be legal by the courts.  Previous research has found that
judgments about protecting civil liberties are affected by the group wishing to
exercise their rights.  Therefore, a diversity of groups were included from both
sides of the political spectrum.[3]  Additionally, a variety of government
representatives are involved in the items, because censorship occurs when there
is state action by any branch of the government.
Pilot Study Results
        The survey instrument was given to a convenience sample of 130 undergraduate
students who were enrolled in one of six journalism classes during winter
quarter, 1997.  They completed the 49-item willingness to censor scale, as well
as some basic questions about their media use, political affiliations, and
demographic characteristics.  The purpose of this pilot study was to check the
reliability of the overall scale and the subscales, and to examine differences
between speech categories, media and people.  Because of the homogeneous nature
of the sample, the extent of these analyses were limited.  However, the overall
willingness to censor scale and the subscales were close to normally
distributed.  A few of the individual items were bimodal or slightly skewed.
Reliability analysis
        The reliability for the overall 49-item scale is .91, which indicates that all
of these items are essentially tapping into one underlying latent variable.  The
majority of category subscales range from .60 to .81.  (see Table 1)  The lower
reliability of privacy, at .48, makes sense theoretically because the tort of
privacy incorporates a number of different legal causes of action.[4]  The
medium subscales are lower, ranging from .46 to .65.  It appears that people
think about issues involving free expression more consistently in terms of
categories of speech rather than according to the medium of communication.
      Table 1:  Reliability analysis [Cronbach's alpha]
 
     Overall Scale (49 items)   .91
 
     Category Subscales  (7 items each)
       pornography      .78
       hate speech      .81
       privacy  .48
       political speech .71
       abortion speech  .62
       defamation       .60
       commercial speech        .67
 
     Medium Subscales  (7 items each)
      pure speech       .49
      demonstration     .53
      newspaper .51
      magazine  .58
      television        .46
      cable     .65
      internet  .59
 
 
Mean differences by speech category and medium of communication
        For each item responses were coded from 0 to 4, corresponding with the level of
government response the subject selected.  The possible options ranged from a 0
for government protection to a 4 for prior restraint (see Table 2A).  Mean
scores are presented on a per item basis, to give more clear meaning to the
results.  Most of the means for the overall scale and the subscales fell into
the area between allowing expression to happen and setting some time, place or
manner restrictions.  The overall mean is 1.69.
      Table 2A:  Possible government responses
     ( 4 = Prior Restraint
 
 
 
     ( 3 = Subsequent Punishment
 
 
 
     ( 2 = Time, Place or Manner
 
     ( 1.69  OVERALL MEAN
 
 
     ( 1 = Allow
 
 
 
     ( 0 = Protect
 
        For the speech category subscales (see Table 2B), subjects were most concerned
about expression that might invade someone's privacy, with abortion speech and
hate speech not far behind.  Subjects were least likely to be willing to censor
political speech and commercial speech.
     Table 2B: Category Subscales (mean per item)
         Mean   Category                [SD]
 
     ( 2        ( 2.0   Privacy [.54]
 
        ( 1.8   Abortion        [.57]
                Hate    [.94]
 
        ( 1.7   Defamation      [.53]
                Pornography     [.68]
     ( 1.69     OVERALL MEAN    [.50]
 
 
        ( 1.4   Commercial      [.64]
        ( 1.3   Political       [.66]
 
        On the medium subscales (see Table 2C), the Internet was the medium most likely
to be censored, with demonstrations a close second.  Newspapers and magazines
caused the least concern.
     Table 2C:  Medium subscales (mean per item)
         Mean   Medium          [SD]
        ( 2.1   Internet        [.58]
     ( 2
        ( 1.9   Demonstration   [.64]
 
 
 
        (1.7    Television      [.52]
     ( 1.69     OVERALL MEAN    [.50]
        (1.6    Speech  [.52]
                Cable   [.63]
        ( 1.5   Magazine        [.56]
        ( 1.4   Newspaper       [.56]
 
 
Differences among people
        This final set of analyses is limited due to the homogeneous undergraduate
sample.  However, there are some statistically significant findings which will
be explored with a more diverse group of subjects.
        In terms of gender (see Table 3), this pilot study indicates that women are
more willing to censor than men for the overall scale, and especially for the
pornography and hate speech subscales.  Women also have significantly higher
mean scores for the medium subscales on the Internet, and for magazines and
newspapers.  This finding is consistent with previous research which has shown
small but robust differences between men and women.  In a number of studies
using a variety of methods, women have been somewhat less likely to extend civil
liberties protections (Stouffer 1955; Nunn, Crockett & Williams 1978; Sullivan,
Piereson & Marcus 1982; McClosky & Brill 1983; Wyatt 1991; Marcus, Sullivan,
Theiss-Morse & Wood 1995).
Table 3:  Gender Differences
                                Men             Women
                                n=46                n=84
Scales
Mean
Std. Dev.
Mean
Std. Dev.
Significance
(2-tailed)
Scale Total
1.56
.43
1.74
.48
.04
Category:
 
 
 
 
 
Abortion
1.8
.58
1.8
.58
.86
Commercial
1.34
.64
1.48
.63
.26
Defamation
1.75
.50
1.77
.56
.81
Hate
1.49
.87
1.94
.94
.01
Political
1.21
.72
1.35
.62
.24
Pornography
1.47
.59
1.82
.71
.006
Privacy
1.89
.56
2.01
.52
.24
Medium:
 
 
 
 
 
Cable
1.45
.59
1.65
.65
.09
Demonstr.
1.84
.60
1.94
.66
.39
Internet
1.93
.57
2.14
.58
.05
Magazine
1.37
.55
1.57
.55
.05
Newspaper
1.30
.52
1.50
.56
.05
Speech
1.50
.50
1.67
.53
.07
Television
1.59
.47
1.73
.54
.15
 
        Subjects were also asked to indicate their political affiliation, choosing
either republican, democrat, independent or undecided.  In running a one-way
ANOVA for political affiliation with the overall scale and subscales, the
political speech and pornography subscales show a significant difference of
means.  With the follow-up tests, it appears that republicans are more willing
to censor these categories of speech than are any of the other groups.  However,
when this same procedure is repeated separately for men and women, these
differences do not remain.  With this new analysis, other subscales emerge as
significant, suggesting that men and women in the same political party may not
have inclinations to censor the same kinds of speech.  For example, republican
men are less likely to want to censor abortion speech than are other men, while
republican women are more likely than other women to censor the Internet,
magazines and political speech.
        Subjects were also asked to indicate how often they read the newspaper and how
often they watched television news, on a 5-point scale from every day to never.
The original intent was to combine the two variables into a single media use
variable, but the correlation between broadcast news usage and newspaper use and
the overall scale and subscales were strikingly different (See Table 4).  For
newspaper use, there is a moderately positive correlation, meaning that
increased frequency of newspaper use is associated with a decrease in
willingness to censor.  This correlation is statistically significant in all but
four of the subscales.  For broadcast use, there is a moderately negative
correlation, indicating that increased frequency of television news viewing is
associated with an increase in willingness to censor.  This correlation is
statistically significant in only two of the subscales - defamatory speech and
speech on the Internet.
     Table 4:  Media Use - Pearson Correlation
Scales
Newspaper
Use
Broadcast
News Use
Scale Total
.23**
-.11
Category:
 
 
Abortion
.20*
-.12
Commercial
.18*
.05
Defamation
.09
-.24**
Hate
.25**
-.05
Political
.18*
-.11
Pornography
.03
-.04
Privacy
.20*
-.11
Medium:
 
 
Cable
.18*
-.09
Demonstr.
.08
-.07
Internet
.21*
-.22*
Magazine
.17*
-.03
Newspaper
.20*
-.14
Speech
.24**
-.02
Television
.24**
-.07
                  *p<.05   **p<.01
 
        Finally, subjects were asked to indicate their major field of study.  Although
all were enrolled in journalism classes, some were not journalism majors.  In
order to check the possibility that journalism students might be less likely to
censor than other students given their professional goals, a t-test was run.  In
comparing journalism majors with students from all other majors, there were no
differences in mean scores on the overall scale or the subscales, with one
exception - non-journalism students were more willing to censor speech which
might invade someone's privacy than were journalism students. [p<.05; Journ.
majors:  Mean 1.9, SD .54 // Non-journ. majors:  Mean 2.1, SD .53]
Further research
        Before administering the 49-item scale to a more representative sample, the
instrument will be refined.  The items that had bimodal or skewed distributions
will be revised.  There were also some items where a number of respondents
checked more than one government reaction, and these scenarios will be rewritten
as well.  Then, the survey will be given to a larger and more representative
sample of the U.S. population.  This will allow for better comparison among
different segments of people and provide norms for future research.  In
particular, the scale could be used as a basis for comparison among different
social, political or occupational groups.
        Once the scale is validated with a more representative sample, there are other
avenues of research which would be useful to pursue.  It would be valuable to
examine how the scale correlates with a variety of demographic and personality
characteristics, as well as other political and social attitudes.  This scale
may also be helpful in exploring why there are robust, though small, differences
among women and men in extending civil liberties protections.  Also, this scale
only incorporates items which involve the publication and distribution of
expression.  It would be fascinating to use a similar methodological approach to
explore public attitudes about the processes of newsgathering - for example, the
use of hidden cameras, and the application of shield laws for journalists.
Conclusion
"Tolerance is the pivotal dilemma of democracy in a pluralistic society."
                                                                        (Marcus, et. al 1995:  3)
        In his book The Tolerant Society (1986), law professor Lee Bollinger argues
that by studying public reactions to speech activities, it is possible to gain
greater insight into our broader conception of tolerance.  He says "_we can see
free speech as a limited, or partial, area in which an extraordinary position of
self-restraint is adopted by the society as one means of developing a more
general capacity with respect to that impulse [intolerance]" (120).  The
"Willingness to Censor" scale described in this paper provides a unique avenue
for exploring the dynamics of public attitudes about free expression, by
examining responses across speech categories and types of media.
 Bibliography
Bollinger, Lee.  (1986).  The Tolerant Society:  Freedom of Speech and Extremist
Speech  in America.  New York:  Oxford University Press.
 
Cate, Fred H.  (1992).  "Introduction:  The First Amendment and Problems of
        Constitutional Line-Drawing." In Visions of the First Amendment For A New
        Millennium:  Americans speak out on the future of free expression, ed. Fred H.
        Cate, 1-13. Washington:  The Annenberg Washington Program.
 
Chong, Dennis.  (1993)  "How People Think, Reason, and Feel about Rights and
        Liberties."  American Journal of Political Science 37, no. 3:  867-899.
 
Cline, Victor B., ed.  (1974).  Where Do You Draw the Line? Provo, Utah: Brigham
        Young University Press.
 
Curry, Richard O.  (1988).  Freedom at Risk:  Secrecy, Censorship, and
Repression in the       1980s.  Philadelphia: Temple University Press.
 
Emerson, Thomas I.  (1967).  Toward a General Theory of the First Amendment.
New     York:  Vintage Books
 
Gillmor, Donald M., Jerome A. Barron, Todd F. Simon and Herbert A. Terry.
(1990).         Mass Communication Law:  Cases and Comment, 5th ed. St. Paul:  West
Publishing      Company.
 
Immerwahr, J. & Doble, J.  (1982).  "Public Attitudes Toward Freedom of the
Press."         Public Opinion Quarterly 46: 177-194.
 
Kuklinski, James H.  (1991).  "The Cognitive and Affective Bases of Political
        Tolerance Judgments."  American Journal of Political Science, 35, no. 1:  1-27.
 
Marcus, G. E., Sullivan, J. L., Theiss-Morse, E. & Wood, S. L.  (1995).  With
Malice  Toward Some:  How People Make Civil Liberties Judgments.  New York:
Cambridge       University Press.
 
McClosky, H. and Brill, A.  (1983).  Dimensions of Tolerance:  What Americans
Believe         about Civil Liberties.  New York:  Russell Sage Foundation.
 
Media Law Reporter.  Washington, D.C.:  The Bureau of National Affairs.
 
Nunn, C. Z., Crockett, H. J. Jr., & Williams, J. A. Jr.  (1978).  Tolerance for
        Nonconformity:  A National Survey of Americans' Changing Commitment to Civil
        Liberties.  San Francisco:  Jossey-Bass.
 
Prosser, William L.  (1960).  "Privacy."  California Law Review 48:  383.
 
Stouffer, S.  (1955).  Communism, Conformity, and Civil Liberties:  A
Cross-section of        the Nation Speaks Its Mind.  Garden City, N.Y.:  Doubleday.
 
Sullivan, J. L., Piereson, J., & Marcus, G. E.  (1982).  Political Tolerance and
American        Democracy.  Chicago:  University of Chicago Press.
 
Wyatt, R. O. (1991).  Free Expression and the American Public:  A Survey
        Commemorating the 200th Anniversary of the First Amendment. Murfreesboro,
        Tennessee:  The American Society of Newspaper Editors.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appendix A:
Pilot Study Survey Instrument
 
(for a formatted copy of this survey,
contact Jennifer Lambe at
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Section One
 
In this section, you will be presented with situations in which freedom of
speech comes into conflict with other important social and individual goals. You
are asked to indicate what you think would be the best response in each
situation.
 
There are no right or wrong answers.  You are being asked for your opinion.
 
There are five possible responses listed for each situation.  Please mark the
one answer which you feel to be most appropriate.
 
 
 
Willingness to Censor -
 A company promoting a rock musical, which contains scenes where the actors are
naked, wants to lease a municipal auditorium to present their production.
        I think city officials should:
 
__ Refuse to allow them to lease the auditorium for this
        production, because it violates a city ordinance        against public nudity
 
__ Grant the lease for the production, but sue the      producers if they leave the
scenes with nudity in the       show
 
__ Grant the lease for the production, but require that
        audience members be 18 or older, or accompanied by      an adult
 
__ Grant the lease with no conditions
 
__ Grant the lease, and provide police officers to insure
        the security of the performers
 
 
The Aryan Nation, a white-supremacist group, is publishing and distributing a
newspaper in your state.
        I think state officials should:
 
__ close down the newspaper
 
__ levy a tax on special interest newspapers, like this one
 
__ not allow the publisher to send the newspaper through        the mail
 
__ allow the newspaper to be distributed
 
__ protect the publisher's right to print and distribute the    newspaper
 
 
 
 
A television news photographer takes video of a famous person entering a house
of prostitution.  The celebrity seeks a court order to stop the TV station from
using the footage.
        I think the judge should:
 
__ order the TV station not to air the video
 
__ fine the TV station to compensate the celebrity
 
__ order the TV station to alter the video so the celebrity     can't be identified
 
__ take no action against the TV station
 
__ issue a ruling protecting the right of the TV station to     use the video
 
 
An anti-government militia group maintains a page on the World Wide Web that
includes step-by-step instructions for making bombs.
        I think the government should:
 
__ confiscate their computer equipment so they can't    have a presence on the WWW
 
__ bring criminal charges against the militia's members
 
__ require them to take the bomb information off their  page
 
__ do nothing
 
__ protect their right to publish on the WWW
 
 A group of protesters is picketing outside an abortion clinic, sometimes
obstructing the paths of patients who are entering the clinic.
        I think city officials should:
 
__ forbid the protesters from picketing outside the clinic
 
__ arrest the protesters for disturbing the peace
 
__ require the protesters to stay at least 15 feet away from    the clinic
 
__ take no action against the protesters
 
__ protect the right of the protesters to express their         beliefs
 
 
During a campaign, the current mayor was speaking at a civic group's meeting.
Discussing his opponent, he commented that she had the same name as a missing
Nazi war criminal and asked "Is this the same Ilse Koch?  Who knows?"  Koch sued
the mayor for trying to destroy her reputation.
        I think the judge hearing the case should:
 
__ order the mayor not to talk about his opponent in    public
 
__ fine the mayor to compensate Koch
 
__ require the mayor to make a public apology
 
__ not take any action against the mayor
 
__ issue a ruling upholding the mayor's right to speak
 
 
A local pharmacist places an ad, which includes price information for
prescription medication, in a magazine targeted at the elderly.
        I think the government should:
 
__ forbid the pharmacist from advertising prices for    prescription medication
 
__ fine the pharmacist for advertising price information
 
__ require the pharmacist to list the price information in      small print
 
__ take no action against the pharmacist
 
__ protect the right of the pharmacist to advertise price       information
 
 
 
As you are surfing the World Wide Web, you accidentally come across a site that
contains graphic sexual images.
        I think the U.S. government should:
 
__ confiscate the computer equipment of the site's      producers
 
__ fine the producers of the site
 
__ require the site's producers to install a blocking   mechanism so that it
can't be accessed accidentally
 
__ let the site's producers decide what to do
 
__ protect the right of the producers to choose what to         include in their site
 
 
A newspaper publishes a story that reveals that a certain community member is
gay.  He had not wanted to reveal this fact publicly, and he sues the newspaper
for invading his privacy.
        I think the judge hearing the case should:
 
__ order the newspaper not to publish such information  again
 
__ fine the newspaper to compensate the man
 
__ require the newspaper to issue a public apology
 
__ take no action against the newspaper
 
__ issue a ruling supporting the right of the newspaper to      publish true
information
 
 
A group protesting the U.S. government's foreign policy in Iran burns the flag
on a street corner.
        I think the government should:
 
__ make it illegal to burn the flag
 
__ arrest the protesters for disturbing the peace
 
__ require the protesters to hold their demonstration in a      less populated area
 
__ do nothing
 
__ protect the protesters right to demonstrate
 
 The first of a three part TV mini-series just aired on your local NBC
affiliate.  It included two characters who frequently makes racist remarks
against African-Americans and Mexicans.
        I think the Federal Communications Commission,  which grants the station's
license, should:
 
__ forbid the station from airing the last two parts of the     mini-series
 
__ revoke the station's license to broadcast if it airs the     last to parts of
the mini-series
 
__ require that the last two parts of the mini-series be        aired after 9:00 p.m.
 
__ let the local station decide whether or not to air the       last two parts of the
series
 
__ make sure that the last two parts of the series air as       scheduled
 
 
A newspaper editor publishes an editorial on election day endorsing a particular
candidate.
        I think state officials should:
 
__ make it illegal to solicit votes on election day
 
__ fine the editor for his partisanship
 
__ require the editor to issue a special edition with a         statement supporting
the other candidate
 
__ do nothing
 
__ protect the editor's right to express his views on the       election
 
 
An arts and entertainment program on your cable system included a negative
review of a local restaurant.  The critic said that the restaurant owners "are
rude and vulgar people" and are "pigs."  The owners sued the critic for ruining
their reputations.
        I think the judge hearing the case should:
 
__ forbid the critic from doing any more negative reviews
 
__ fine the critic to compensate the restaurant owners
 
__ require the critic to issue a public apology
 
__ not take any action against the critic
 
__ issue a ruling defending the critic's right to express       his opinion
 
The chamber of commerce issues a yearly magazine that profiles the various civic
organizations in your community.  A chamber staff member, who is the head of a
local pro-life group, plans to include a feature on his group in the next issue.
        I think the city officials who oversee the chamber of   commerce should:
 
__ refuse to allow an article on the group to be included       in the magazine
 
__ fire the staff member if he insists on publishing the        article about his
group
 
__ require the staff member to include an article about         pro-choice groups, also
 
__ let the staff member decide what to do
 
__ protect the right of the staff member to include the         article in the magazine
 
 
A site on the World Wide Web includes nude photographs of a woman who is a
fashion model.  She has sued the site's producers for invasion of privacy.
        I think the judge hearing the case should:
 
__ issue an injunction prohibiting further publication of       the photographs
 
__ fine the site's producers to compensate the woman
 
__ require the site's producers to include a caption    explaining that the photos
are included without the        model's consent
 
__ take no action against the site's producers
 
__ issue a ruling protecting the right of the site's    producers to include the
photographs
 
 
A new certified public accountant (CPA) is going door-to-door soliciting
business.
        I think the government should:
 
__ not allow CPA's to solicit clients in this way
 
__ fine the CPA for violating people's privacy
 
__ only allow the CPA to solicit to people who have     expressed an interest in
receiving such information
 
__ take no action against the CPA
 
__ protect the right of the CPA to solicit clients door-to-     door
 A cable channel is promoting an upcoming series about the assassination of
President John F. Kennedy.  The promotion names several authors that it claims
are "guilty of misleading the American public" about the assassination.  One of
the authors sues the cable channel for portraying him in a false light.
        I think the judge who is hearing the case should:
 
__ order the cable channel not to air the series
 
__ fine the cable channel to compensate the author
 
__ require the cable channel to include an interview with       this author in their
series, so he can state his point of    view
 
__ take no action against the cable channel
 
__ issue a ruling protecting the right of the cable channel     to air the series
 
 
An alternative newspaper in your community runs a singles column each week which
sometimes includes graphic descriptions of sexual encounters.
        I think city officials should:
 
__ force the paper to stop running that column
 
__ fine the paper each time the column includes graphic         descriptions of sex
 
__ require the paper to run a warning on the front page         of any issue that
contains graphic sexual descriptions
 
__ let the paper decide what to do
 
__ protect the paper's right to publish the column
 
 
A magazine article about on-duty drunkenness by certain police officers
mistakenly included a picture of an officer who was not involved.  The officer
sued the magazine for damaging his reputation:
        I think the judge hearing the case should:
 
__ not allow the magazine to publish any more articles  about police behavior
 
__ fine the magazine to compensate the officer
 
__ require the magazine to make a public apology
 
__ not take any action against the magazine
 
__ issue a ruling protecting the magazine's right to    publish, even when they've
made a mistake
 
The names and home phone numbers of an abortion clinic's medical staff and board
of directors are provided by an anti-abortion activist on the Internet.
        I think the government should:
 
__ confiscate the activist's computer equipment so she  can't publish such
information on the Internet
 
__ press charges against the activist for endangering the       lives of the clinic's
staff and directors
 
__ order the activist to remove the phone numbers from  her Internet site
 
__ take no action against the activist
 
__ protect the right of the activist to provide the     information on the Internet
 
 
In a meeting at a public hall, a speaker is preaching hatred against gays and
lesbians.
        I think the police officers on the scene should:
 
__ arrest the speaker to stop him from finishing the    presentation
 
__ fine the speaker for disturbing the peace
 
__ require the speaker to apologize for the offensive   language
 
__ do nothing
 
__ protect the speaker's right to say whatever he thinks
 
 
A television station which broadcasts into two states accepts advertising for a
lottery in one of the states.  The other state prohibits lotteries.
        I think the Federal Communications Commission,  which grants the station's
license, should:
 
__ forbid the TV station from broadcasting any lottery  advertising
 
__ fine the TV station for accepting the lottery        advertising
 
__ require the TV station also to run public service    announcements about the
dangers of gambling
 
__ take no action against the TV station
 
__ protect the right of the TV station to accept the lottery    advertising
 A pro-life corporation published a special edition of its quarterly newspaper
the week before national elections, urging people to vote for anti-abortion
candidates.
        I think the Federal Election Commission should:
 
__ make it illegal for corporations to spend money in   support of particular
candidates
 
__ fine the corporation for publishing a special "election      edition" of its
newspaper
 
__ require the organization to provide space in its     newspaper for candidates to
respond
 
__ take no action against the organization
 
__ protect the right of the organization to express its         views concerning
political candidates
 
 
The local news programs on a TV station in your city always favors one political
party over the other.
        I think the Federal Communications Commission,  which grants the station's
license, should:
 
__ not allow the station to cover political stories
 
__ fine the station to compensate the other political party
 
__ require the station to give an equal amount of       favorable coverage to the
other political party
 
__ do nothing
 
__ issue a ruling supporting the right of the TV station to     choose what to
include on its news programs
 
 
A magazine is planning to publish an in-depth article about a 20-year old murder
case, involving a son convicted for murdering his parents.  The piece discusses
family relationships while raising issues of child abuse and rehabilitation.
The murderer's brother sues the publisher for invading his privacy.
        I think the judge hearing the case should:
 
__ order the magazine not to publish the article
 
__ fine the magazine to compensate the brother
 
__ order the magazine to change the names in the article        so that the brother
won't be identified
 
__ take no action against the magazine
 
__ issue an order protecting the magazine's right to    publish the article
 
 
College students are holding a rally to protest the University's decision not to
allow condoms to be distributed in residence halls.  They are carrying signs and
banners with sexual language and pictures.
        I think University officials should:
 
__ break up the rally
 
__ put the students who participate in the rally on     probation
 
__ take the signs and banners from the rally
 
__ do nothing
 
__ supply campus police to provide security for the rally
 
 
A group of neo-nazis produces a weekly call-in program on the public access
channel of your cable system.
        I think the city officials who granted the cable        company its franchise should:
 
__ demand that the group's program not appear on your   cable system
 
__ fine the group and the cable company each time the   program appears
 
__ require that the program only be shown after 9 p.m.
 
__ allow the cable company to handle the situation
 
__ protect the right of the group to produce the program        on public access
 
 
An on-line service provides a forum for information about and discussion of
current events.  In the forum, allegations were made about the illegal actions
of an investment company.  The investment company sued the on-line service for
damaging its reputation.
        I think the judge hearing the case should:
 
__ force the on-line service to close down its forum for        discussion of current
events
 
__ fine the on-line service to compensate the investment        company
 
__ require the on-line service to make a public apology
 
__ take no action against the on-line service
 
__ issue a ruling protecting the right of the on-line   service to provide a
forum for discussion
 
 A personal injury lawyer is running an ad on your cable system, soliciting
business from people who had suffered injuries as a result of using a certain
product.
        I think the government should:
 
__ forbid the lawyer from soliciting clients through    advertising
 
__ fine the lawyer for soliciting business in this manner
 
__ require the lawyer to mention his fees for service in        his ad
 
__ not take any action against the lawyer
 
__ protect the lawyer's right to solicit clients through        advertising
 
 
A newspaper ran editorials and cartoons stating that anti-nuclear protesters are
"bums," "deluded," and "insane," and that signs they have been carrying are
"gibberish," "un-American," and "trash."  The protesters have sued the newspaper
for attacking their reputations.
        I think the judge hearing the case should:
 
__ stop the paper from printing any more editorial      commentary on the protesters
 
__ levy a fine against the newspaper to compensate the  protesters
 
__ require the newspaper to run guest editorials from the       protesters
point-of-view
 
__ not take any action against the newspaper
 
__ issue a ruling protecting the newspaper's right to   express its editorial
position
 
 
One of the new prime-time television series this year on the ABC affiliate in
your city regularly includes explicit nudity.
        I think the Federal Communications Commission,  which grants the station's
license, should:
 
__ require the station to stop airing any episode with  explicit nudity
 
__ fine the station each time an episode with explicit  nudity airs
 
__ require the station to air the series after 9:00 p.m.
 
__ let the station decide the appropriate action to take
 
__ protect the right of the station to air the series
 
A magazine for U.S. members of the socialist party regularly publishes articles
in support of foreign governments and against the U.S. government.
        I think the government should:
 
__ close down the magazine
 
__ fine the magazine's publishers
 
__ make the publishers include articles explaining the  U.S. government point of
view
 
__ take no action
 
__ protect the right of the magazine's publishers to    express their opinions
 
 
The Ku Klux Klan has filed for a permit to hold a march through your town.
        I think the city permit office should:
 
__ refuse to give them a permit
 
__ hold them responsible for any physical or personal   damage that occurs as a
result of the march
 
__ require them to hold the march in a sparsely         populated area of town
 
__ issue a permit for the march
 
__ issue a permit, and provide police escorts to make sure      their right to march
is protected
 
 
An individual who is opposed to abortion is shouting his beliefs in front of a
doctor's office where abortions are performed.  The office is in a residential
neighborhood.
        I think city officials should:
 
__ forbid him from protesting there in the future
 
__ arrest him for disturbing the peace
 
__ require him to protest with signs instead of by      shouting
 
__ allow him to continue to protest
 
__ protect his right to protest
 A group advocating welfare reform publishes a leaflet which includes photos and
stories about women who are "shamelessly and brazenly violating the law by
having children out of wedlock and receiving welfare to support them."  One of
the women whose photo is included sues the group for portraying her in a false
light.
        I think the judge hearing the case should:
 
__ order the group to stop distributing the leaflet
 
__ fine the group to compensate the woman
 
__ order the group to take the woman's photo out of the         leaflet
 
__ take no action against the group
 
__ issue a ruling protecting the right of the group to  publish their leaflet
 
 
A bookstore in your city sells magazines featuring pictures of nude and
partially-clothed adults in various sexual positions.
        I think city officials should:
 
__ force the bookstore to stop selling the magazines
 
__ file charges against the bookstore's owner for       distributing pornographic
material
 
__ require the store to place the magazines behind the  counter, so customers
have to ask for them
 
__ let the store's owner decide what to do
 
__ protect the right of the bookstore to sell the magazines
 
 
A radical Jewish organization which advocates violence against Muslims has a
home-page on the World Wide Web.
        I think the government should:
 
__ confiscate the group's computer equipment so they    can't have a home-page
 
__ arrest the group's leaders for advocating violence
 
__ require the organization to place a warning about the        content that appears
before their page is accessed
 
__ do nothing
 
__ protect the organization's right to express its beliefs
 
 
 
 
An anti-abortion organization produces a monthly program on the public access
channel on your cable system.  During the program, they show pictures of local
physicians who perform abortions, and label them as "murderers" and "killers."
        I think the city officials who run the public access    channel should:
 
__ not allow organization to air their program on the   public access channel
 
__ fine the organization for improper use of a public   facility
 
__ require the organization to refrain from identifying         any particular
physician
 
__ take no action against the organization or its program
 
__ protect the right of the organization to air its program
 
 
Several students at a public university were protesting the University's
contracts with two businesses known to be anti-union.  They were speaking on the
library lawn in the center of campus, using bullhorns to amplify their voices.
        I think University officials should:
 
__ have campus police remove the protesters
 
__ put the students involved in the protest on probation
 
__ require the students to stop using bullhorns
 
__ do nothing
 
__ protect the student's right to speak their opinions
 
 
A liquor store includes price information in their newspaper ads for alcoholic
beverages.
        I think the government should:
 
__ issue on a ban on price advertising for alcohol
 
__ fine the liquor store for advertising alcohol prices
 
__ require the liquor store to advertise prices in very         small print
 
__ take no action against the liquor store
 
__ issue a ruling supporting the right of the liquor store      to advertise price
information
 A TV news program showed a picture of a local doctor while the voice-over
indicated that some health practitioners use "quack machines, fraudulent tests,
and illegal drugs to treat cancer."  The doctor has sued the television station
for damaging his reputation.
        I think the judge hearing the case should:
 
__ not allow the TV station to run these kinds of stories       in the future
 
__ fine the TV station to compensate the doctor
 
__ require the TV station to broadcast a story correcting       their mistake
 
__ take no action against the TV station
 
__ issue a ruling supporting the TV station's right to air      these kinds of
stories
 
 
A black separatist organization in your city is publishing a "humor" magazine
which makes fun of whites, especially Jewish people and Catholics.
        I think city officials should:
 
__ close down the magazine
 
__ levy a tax on special interest magazines, like this one
 
__ revoke the special mailing rates for their magazine
 
__ allow the group to continue to publish and distribute        the magazine
 
__ protect the right of the group to publish and distribute     the magazine
 
 
In a public speech criticizing the practice of placing mentally ill people in
boarding homes, the speaker reveals that Ed Samuels, one of the boarding home
operators, had been convicted of certain criminal sexual acts 30 years ago.
Samuels sues the speaker for disclosing private facts.
        I think the judge hearing the case should:
 
__ forbid the speaker from commenting publicly on the   boarding home issue again
 
__ fine the speaker to compensate Samuels
 
__ require the speaker to make a public apology
 
__ take no action against the speaker
 
__ issue a ruling protecting the right of the speaker to        criticize the boarding
home operators
 
Volunteers for a political advocacy group set up a table outside of the post
office to solicit contributions and sell subscriptions to their newspaper.
        I think the post office should:
 
__ order the group to leave the premises
 
__ fine the group's members for soliciting on   government property
 
__ make the group move so they are not blocking the     path of post office
customers
 
__ not take any action against the group
 
__ protect the group's right to solicit contributions and       subscriptions
 
 
A locally produced, sexually explicit program has begun to air on a public
access channel on your cable system.
        I think the city officials who granted the cable        company its franchise should:
 
__ require the cable company to stop airing the program
 
__ fine the cable company each time the program airs
 
__ require that the program be aired after 9:00 p.m.
 
__ let the cable company decide what to do
 
__ protect the right of the local producers to show their       program
 
 
A pro-life organization has bought time on an independent television station in
your city.  They want to air a 15 minute program which includes graphic pictures
of aborted fetuses.
        I think the Federal Communications Commission,  which grants the station's
license, should:
 
__ forbid the station to air the program with the graphic       footage included
 
__ fine the station if it airs the program as is
 
__ allow the station to show the program with the       graphic footage, as long as
it is shown after 10 p.m.
 
__ leave the decision of whether or not to air the program      up to the station
 
__ require the station to let the program air as scheduled
 An on-line promotion company is sending unsolicited    e-mail to people who
have Internet access through a state University.
        I think University officials should:
 
__ block all messages the promotion company tries to    send to University e-mail
accounts
 
__ sue the promotion company for improper use of state  resources
 
__ require the promotion company to stop sending        messages to individuals who
make such a request
 
__ not take any action against the promotion company
 
__ protect the right of the promotion company to send   their messages
 
 
On a picket line during a strike, one of the union banners says "#1 Scab
Jacobsen Sucks."  Jacobsen has sued the union leader, saying that his character
was called into question.
        I think that the judge hearing the case should:
 
__ forbid the union leader from having any signs directed       at individual workers
 
__ fine the union leader to compensate Jacobsen
 
__ require the union leader to make a public apology
 
__ not take any action against the union leader
 
__ issue a ruling protecting the union leader's right to        speak
 
 
A cable channel is planning to air films produced outside of the U.S. that
explore global political issues like acid rain and nuclear power.
        I think the U.S. government should:
 
__ not allow the cable channel to air the programs
 
__ fine the cable channel for airing these programs
 
__ require the cable company to label the films as      "political propaganda"
 
__ do nothing
 
__ protect the cable channel's right to air the films
 
 
 
 
Section Two
 
This section is for demographic purposes only.  All information will be kept
strictly confidential; your name will not be connected to your answers.
 
Please answer each question as best you can.
 
 
Your age:       ____
Your gender (circle one):           Male             Female
Your heritage: (check one)
        ____  African-American
        ____  Asian-American
        ____  Caucasian American
        ____  Hispanic/Latino-American
        ____  Native American
        ____  I am a foreign citizen
        ____  Other:  _________________________
 
Your political affiliation: (check one)
        ____  Republican
        ____  Democrat
        ____  Independent
        ____     Undecided
        ____  Other:  ____________________________
 
Your annual income: (check one)
        ____  $50,000 or more
        ____  $30,000 - $49,999
        ____  $20,000 - $29,999
        ____  $10,000 - $19,999
        ____  less than $10,000
 
Your parents' combined annual income: (check one)
        ____  $100,000 or more
        ____  $75,000 - $99,999
        ____  $50,000 - $74,999
        ____  $30,000 - $49,999
        ____  $20,000 - $29,999
        ____  $10,000 - $19,999
        ____  less than $10,000
 
I am:
        1       2       3       4       5       6       7
        extremely                                               extremely
        liberal                                         conservative
 
Have you ever:
voted in national or local elections?   Yes     No
participated in a political demonstration?      Yes     No
worked on a political campaign?         Yes     No
 
 
 
Your major:  ______________________________
 
College status: (check one)
        ____  freshman
        ____  sophomore
        ____  junior
        ____  senior
        ____  graduate/professional
        ____  other:  __________________________________
 
How many college courses have you had in:
(write in a number for each subject - if none, write 0.)
        ____  sociology
        ____  philosophy
        ____  political science
        ____  history
        ____  law
        ____  journalism
 
How often do you read a newspaper? (check one)
        ____  every day
        ____  3-4 times/week
        ____  1-2 times/week
        ____  almost never
        ____  never
 
 
 
How often do you watch or listen to television or radio news programs? (check
one)
        ____  every day
        ____  3-4 times/week
        ____  1-2 times/week
        ____  almost never
        ____  never
 
 
[1]  See Appendix A for the complete forty-nine item survey instrument.
[2]  The Media Law Reporter is a periodical published by The Bureau of National
Affairs, Inc.  It provides the text of court decisions relating to
communications law, organized by speech category.  Westlaw is an on-line
database of legal documents maintained by West Publishing Company.  Most of the
situations were adopted directly from existing cases, with the exception of the
Internet items.  Since there had been very little litigation involving the
Internet, these items were derived by using the facts of particular cases, but
changing the medium of communication.
[3]  Sullivan, Piereson and Marcus (1982) suggest using a least-liked group
method to handle this issue.  Using this method, subjects select their
least-liked group and then respond to items involving that group.  This
procedure was not adopted here, however, because most groups would not "fit"
into each of the seven different categories of expression.  For example, while
the Ku Klux Klan would clearly fit in the hate speech and political speech
categories, they would just as clearly be out of place in scenarios describing
pornography or abortion speech.
[4]  Law professor William Prosser (1960) identified four invasion of privacy
torts.  Items representing the false light, disclosure of private facts and
appropriation actions were included in this scale.  The fourth possible cause of
action, intrusion, was not included because it involves actions during
newsgathering rather than during the publication or distribution of expression.