Libel:Slander:Obscenity - CON LAW 2/28 FREEDOM OF SPEECH...

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CON LAW 2/28 FREEDOM OF SPEECH: LIBEL/SLANDER Hustler Case First Amendment protects Hustler ad parody of Jerry Falwell Limiting parodies of public figures would have a chilling effect on the public discourse Compared with Snyder v. Phelps Falwell is a public figure He made a choice to become a public figure This subjects him to criticism Snyder is a private figure; he is a dead soldier Hateful speech against him should not be protected Court has created different standards for public and private figures protecting themselves from harmful speech Hustler case does not meet actual malice standard Must knowingly say falsities as facts There must be intent to harm FREEDOM OF SPEECH: OBSCENITY Obscenity is not protected speech Obscenity has always been linked only to sex by the Supreme Court Roth Case Obscenity is defined by the average person from an average communities moral standards
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The dominant theme of the speech must be obscene Memoirs v. Massachusetts case If there is even a tiny bit of social value, the speech is not obscene
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Unformatted text preview: To establish a standard of what is obscene, the Court uses a NATIONAL STANDARD to determine obscenity Miller v. California Established 3 prong test for obscenity that overruled the Massachusetts case Whether average person applying contemporary community standards (not national standards) would find the work, taken as a whole, appeals to the prurient interests Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by STATE LAW Whether the work taken as a whole lacks serious literary, artistic, political or scientific value Ferber Case Child pornography There is a compelling governmental interest in protecting minors from these videos to limit speech in child pornography Child porn is intrinsically related to child abuse Illegal activity is an integral part of the production of child porn US vs. Stevens The statute was overbroad; would have a chilling effect on public discourse...
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  • Spring '12
  • Wechsler
  • Civil Rights, First Amendment to the United States Constitution, Obscenity, Jerry Falwell, Miller v. California, Hustler ad parody, hustler case

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