jrlc notes 6

jrlc notes 6 - 8/29 Is there state action Type of Restraint...

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8/29 1. Is there state action? 2. Type of Restraint a. Prior restraint b. Post publication c. Content-based i. Define ii. Effect on government iii. Relate to constitutional rights iv. Examples (Johnson v. Texas) 1. Background 2. Relate to term d. Content-neutral 3. Type of Content a. Fully protected b. Partial protection c. Unprotected Text of 1 st amendment doesn’t distinguish between prior restraint and post publication punishment     But deeply embedded in culture Blackstonian View     Can’t prevent you from speaking (no prior restraint)     But can be punished if speech found to be treasonous     Flaw : doesn’t acknowledge chilling effects People will be afraid to criticize because chilling effects     Draconian post-publication penalties (deter act of speech)     Sometimes post publication punishment is impermissible Constitutional presumption against prior restraint but may be allowed CIA Prior Restraint     Do not involve suppression of viewpoint
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jrlc notes 6 - 8/29 Is there state action Type of Restraint...

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