CASES - CASES Case precedent Marbury v Madison(1803...

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CASES Case precedent Marbury v. Madison (1803) – judicial review discovered Incorporation – process in which the 1 st amendment came to apply to state and local governments, not just the federal government. Case precedent – Gitlow v. New York 1925 – incorporates 1 st amendment Corporate speech – Case precedent – 1 st National Bank of Boston v. Bellotti (1978) A. created an almost unlimited First Amendment freedom for non-media corporations to spend money to support referenda questions and other social issues. B. Court said the government can regulate corporate speech to serve a compelling government interest such as the need to preserve the integrity of the electoral process from corporate domination. Commercial speech – Case precedents – Valentine v. Chrestensen (1942) A. U.S. Supreme Court said “purely commercial speech” is not protected by the 1st A. In this case, the Court discussed why advertising does not deserve the First Amendment protection afforded “political speech.” Regulation of Advertising - Case Precedent – VA. State Bd. Pharmacy v. VA. Citizens Consumer Council (1976) – explicitly overturned Valentine case A. This case says the First Amendment protects commercial speech except for false ads, misleading (deceptive) ads and ads for illegal products and services. B. This case also says that content neutral time, place and manner regulations of ads are allowed. C. Should be able to advertise drugs – expenses, medical care Case precedent – Nike v. Kaskay (2003) – Kaskay claims advertising is misleading and wants improved conditions for workers overseas. Political or commercial speech? – Case settled out of court. Regulation of Broadcasting - Case precedent – Red Lion Broadcasting Co. v. FCC (1969) A. broadcast TV stations are full first amendment speakers whose editorial speech could not be regulated, they could be regulated to preserve openness in covering news by FCC b/c on scarce radio speech. Regulation of Cable TV - Case precedent – Turner Broadcasting System v. FCC (1994) A. Cable TV Consumer Protection and Competition Act (1992) – percent of channels to local broadcast stations. Regulation of Internet - Case precedent - Reno v. ACLU (1997) A. strike down anti-obscenity decisions at Communications Decency Act, cannot hold ISP liable for obscenity on internet. Cases – Suntrust v. Houghton Mifflin (2001) Wind Done Gone after Gone with the Wind Clearly a commercial product, but determined transformative and a parody Will not act as market substitute and is Fair use Harper and Row v. Nation Enterprises (1985)
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Fair Use NOT a defense if appropriation of the work by a famous public figure simply because of the public’s interest to learn about an historic event Access to the Judicial Process Conflict of the sixth and first amendments, freedoms and right to a fair trail, right to access the trial but would it impede fairness – balance is needed. Case precedent –
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CASES - CASES Case precedent Marbury v Madison(1803...

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