Krighttoinformationandaccessto publicrecords

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Unformatted text preview: egal transaction, Pittsburgh Press Co. v Human Relations Commissions, 413 US 376(1973). Note: However, even truthful and lawful commercial speech maybe regulated if (1) government has a substantial interest to protect; (2) the regulation directly advances that interest; and (3) it is not more than extensive than is necessary to protect that interest. (Central Hudson Gas & Electric Corp v. Public Service Commission of NY, 447 US 557 (1980) 8. Pivate v. Government Search Q: Differentiate Government Speech From Private Speech. A: Government Speech A speech where the government may advance or restrict its own speech in a manner that would clearly be forbidden were it regulating the speech of a private citizen. (doctrine was implied in Wooley v. Maynard in 1971) Private Speech The right of a person to freely speak one’s mind is a highly valued freedom in a republican and democratic society. (Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002)) 9. Heckler’s Veto Q: What is a Heckler’s Veto? A: A heckler's veto occurs when an acting party's right to freedom of speech is curtailed or restricted by the government in order to prevent a reacting party's behavior. The term Heckler’s 90 Veto was coined by University of Chicago professor of law Harry Kalven. It may be in the guise of a permit requirement in the holding of rallies, parades, or demonstrations conditioned on the payment of a fee computed on the basis of the cost needed to keep order in view of the expected opposition by persons holding contrary views. (Gorospe, 2006, citing Forsyth County v. Nationalist Movement, 315 U.S. 568, 1942) h. FREEDOM OF ASSEMBLY AND PETITION Q: Is the right to assembly subject to prior restraint? A: No. It may not be conditioned upon the prior issuance of a permit or authorization from government authorities. However, the right must be exercised in such a way as will not prejudice the public welfare. Q: What is the so‐called permit system? A: Under the permit system, before one can use a public pl...
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This document was uploaded on 03/12/2014.

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