10.4 mmc.docx - 10.4.16 MMC 4200 Questions on this exam...

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10.4.16 MMC 4200 Questions on this exam: Patently offensive- 3 factors Need to know revenge porn – Florida sexting Prior restraints on speech - How speech rights might be “Abridged” prior restraints subsequent punishments 4 factors (pg 76) - adjudicated - gag order - scope of restraint should be narrow -cannot issue prior restraint until miller test applied and found unprotected by the 1 st amendment Government Restraints - Near v. Minnesota (1931)
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o Jay Near: Might have some connections with gangsters o Jewish gangsters running the county and authorities are looking the other way – allegedly o Allows perpetual injunction – empowers court to say obscene, scandalous, defamatory, etc. can be evaded – prohibits publishing of any more articles o Issue becomes whether publishing this article and getting the injunction violates his 1 st and 14 th amendment right o Blackstone – summarized the law of free speech – in England prior restraints on free speech were strictly forbidden but they
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  • Fall '09
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