PoliticalScience- Lecture- 10-25-07-TH

PoliticalScience- Lecture- 10-25-07-TH - Political science...

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Political science: Freedom of speech- if the government is going to restrict there must be a compelling reason to do it so. If there is a neutral restriction- public part open to speech. We will not allow any free speech for anyone. Content neutral scrutiny test- important governmental interest- emphasizes importance of free speech. Nature of the justification. Problem: a lot of types of speech and speech content where we as a society decided its not a good thing. Things like obscenity. Pornography into the concept between content restriction- neutral. Restrict based on obscenity. – not allow sale of pornography. What type of restriction is this. Content based. Specifically making a judgment call that we as a society don’t want a form of obscenity. Compelling state interest. If we followed the same protocol. – damaging types of speech such as slander all would be upheld in the court. Yet our society as a whole there are certain types of speech that shouldn’t be protected. Content neutral. Certain types of speech that aren’t protected. Slander: not protected under the main framework. Libel is defined as defamation expressed in print. Defalcity . resulting in expressed to others- lawsuit- whether you are talking about slander. A falcity coupled with an injurty coupled with an injury. There also has to be a sense of damages. Oral type of falcity. Straightforward process. U.S. surpreme court didn’t deal with this for a long time. Allowed the states to regulate what needed to
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This note was uploaded on 04/14/2008 for the course POSC 100 taught by Professor Auerbach during the Fall '07 term at USC.

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PoliticalScience- Lecture- 10-25-07-TH - Political science...

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