American Government Project

American Government Project - protection ends or...

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Study Guide The Freedom of Speech and Pornography 1) In 1938, freedom of speech (which in all important respects includes freedom of the press) was given extraordinary constitutional status when the Supreme Court established that any legislation that attempts to restrict these fundamental freedoms “is to be subjected to a more exacting judicial scrutiny. 2) Strict scrutiny implies that speech- at least some kinds of speech- will be protected almost absolutely and any attempt to restrict speech or other critically important freedoms will be carefully “scrutinized” by the courts. 3) Two categories of speech: absolutely protected speech and conditionally protected speech 4) The Truth is absolutely protected speech: the truth is protected even when its expression damages the person to whom it applies. 5) It wasn’t until 1957 when the Supreme Court confronted the problem of pornography and obscenity falling outside the realm of speech where the
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Unformatted text preview: protection ends or unprotected speech begins 6) Justice William Brennan, defined obscenity as speech or writing that appeals to the prurient interestthat is, books, magazines, films , and so on, whose purpose is to excite lust. 7) Brennan added, the work should be judged obscene only when it is utterly without redeeming social importance; instead of clarifying the Courts view, it actually cause more confusion. 8) In 1964, Justice Potter Stewart, confessed that, although he found pornography impossible to define, I know it when I see it. 9) In 1973, the Supreme Court expressed its willingness to define pornography as a work which As a whole, is deemed prurient by the average person according to community standards Depicts sexual conduct in a patently offensive way Lacks serious literary, artistic, political, or scientific value....
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