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exam1 studyguide2 - Exam 1- Study Guide 2: The First...

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Exam 1- Study Guide 2: The First Amendment 1 Speech v. Press Collectively ”expression” clauses Press usually covers news-related “publishers” o Strong protection for press gainst governmental prior restraints and invasion into editorial discretion o Gets blurry with bloggers, etc. o Miami Herald Publishing Co. v. Tornillo (US 1974) o Florida’s right of reply statute constitutional? (said newspapers that editorialized against or for a candidate had to provide free space to reply) o Was overturned by Supreme Court Speech o Usually limits government from restricting the rights of adults to solicit funds, decide when and what not to speak/publish, receive info and ideas from others o Reduced protection for certain speakers and contexts (examples: commercial, corporate, government employees in the workplace, speakers in public forum, electronic media regulated by FCC, students in public education system) First Amendment Theories Attainment of the Truth Self-Governance and Democracy Checking Value Change with Stability Individual Fulfillment Hierarchy of Expression/Protected v. Unprotected Expression Protected Forms: (from most protected to least) political and social speech (“core speech”), protected commercial speech, protected sexual expression Unprotected Forms: unprotected commercial speech, obscene sexual expression, fighting words/hate speech, incitement/illegal advocacy, true threats Ashcroft v. Free Speech Coalition (US 2002) said non-obscene virtual child porn is not criminalized because it’s not harmful to children Miller v. California (US 1973) said content is not obscene if (1) the average person with contemporary community standards would find the work appealing to
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exam1 studyguide2 - Exam 1- Study Guide 2: The First...

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