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essay question 1 - Congress shall make no law abridging the...

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“Congress shall make no law… abridging the freedom of speech…” U.S. Constitution, Amendment 1 What are the different “content-based” categories of speech under the First Amendment? What are the appropriate tests for each? What is (are) the justification(s) for treating different types of speech differently? Content-Based Speech: 1. High Value Speech/Political Speech—highly guarded speech, restrictions based on political speech must pass strict scrutiny 2. Lower Value Speech—Some kinds of speech that isn’t as important as political speech. Protected because good from speech outweighs social harms. Still protected but not as much as political speech. Use “intermediate scrutiny” (Central Hudson Gas) a. Commercial Speech: Right to advertise something you are selling, but nothing that is illegal b. Offensive/Non-Obscene Speech: Radio broadcasts, offensive language, soft-core porn that doesn’t meet the definition of obscenity c. Expressive Speech 3. Speech with Limited Social Value: states can regulate however they want a. Libel/Slander of non-public figures b. Fighting Words c. Obscenity High Value Speech: Early post WWI, courts use a different approach than “bad tendency test”, or speech that had a tendency towards a substantive evil, and says speech
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This note was uploaded on 03/26/2012 for the course POL 353 taught by Professor Dameron during the Fall '11 term at Miami University.

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essay question 1 - Congress shall make no law abridging the...

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