MC 101 Lecture Notes - Lecture 8: False Advertising, Actual Malice, Federal Trade Commission Act Of 1914
15 Feb 2017
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Document Summary
Us governments have right to protect citizens from harm. Some speech can be harmful and therefore lose 1st amendment protection: Government can regulate speech in 2 ways. Preferred solution to problematic speech is more speech. Only possible for 2 reasons (near vs. minnesota): Judges can ban -not necessarily censor- cameras from courtrooms to allow fair trial, another right guaranteed by 6th amendment. Obscenity is not considered free speech and can therefore be regulate. Governments can restrict the sale of obscene materials. It is generally illegal to sell (or often display) obscene materials to children. Historically , obscenity has been difficult to define. Us established three commonly used prongs to determine if media is. An average person from the concerned community must find it obscene. Us law that is unique in that is applies differently in different communities. The media must be taken as a whole .
