MMC 3200 Chapter 2: Chapter 2 Textbook Notes 2.3
Document Summary
(cid:862)(cid:374)o la(cid:449) shall (cid:863) literall(cid:455) tra(cid:374)slates to no law. The govt. may not censor the press for any reason. Few subscribe to this idea; the supreme court has held that several types of speech fall outside the scope of the first amendment. Freedom of speech and press are two different valuable human rights; but they are conflicting (the court must balance the freedom of expression with other values) The meaning of freedom of expression is determined solely on a case-by-case basis. Ad hoc is more of a strategy than a theory. Under ad hoc balancing, we will never know what the 1st amendment means except as it relates to a specific, narrow problem. If citizens cannot reasonably predict whether particular expression is protected or prohibited, they will have the tendency to play it safe and remain silent (chilling effect) This limits the rights of expression of all people: preferred position balancing theory.
