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Sept 23 Slides (3) - National Security National Defense I...

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Unformatted text preview: National Security] National Defense I In such cases, Supreme Court usually applies exceptions to the Strict Scrutiny level of review afforded government restrictions on speed'I and press I 3 types of cases: I Media gets access to critical Information and chooss to publish it I Government employees leak critical information to press I Aocessto info rsb'icted or censored because In a time of war National Security] National Defense I N.Y.‘fimes v. us. (1971) is another example (so-called Pentagon Pagers case) I Both the Times and the Washington Post were ultimately allowed to publish excerpts from a classified govemment study regarding the decision—making process in the Viet Nam war because the govemment could not meet its heavy burden of proof under the strict scrutiny standard Obscenity & Indecency I Indecent communication enjoys some First Amendment protection but is subject to extensive government regulation. I Definition is based solely on opinions of various government agencies, populated by political appointees and therefore subject to changing political viewpoints as well. 9l23l2010 National Security] National Defense I Typically the Court handles on a case—by-case basis with no consistent standard of review I Court does seem clear on the fact that there is no guarantee of the right of media access, but only a right to communicate all but the most sensitive of info I Near v. Minnesota is an example I Whlie MN law was struck down... Ilndicta,dlsulssedsimatlonswherepnor rsb'alntwouldbeuphddfiikelafitionsaf Wrac Obscenity 8: Indecency I Generally how either is classified depends as much on the subjective mind of the recipient as it does on the content of the message. I Based on the social function theory, obscenity is non-speech and therefore afforded no First Amendment protection I The definition ls based on community standards and is subject to changing political pressures Obscenity & Indecency I Prescriptive Laws I Set standards of behavior to which we must conform I Proscriptive Laws I Prohibit behaviors I Vagueness I Laws that do not define prohibited conduct specifically enough I Over readth I Too all encompassing so as to include behaviors that are perfectly legal ...
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