MMC 4200 Lecture Notes - Lecture 3: Judicial Activism, First Amendment To The United States Constitution, Safety Valve
18 Sep 2015
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Week 3 interpreting the 1st amendment & theories of free speech. Cases more likely to be heard by the supreme court: split of authority among lower court jurisdiction on that issue, example: virtual child pornography people who appear to be underage but actually aren"t. 9th circuit of appeals shot it down because it was thought crime no actual harm. 11th circuit upheld the law said if virtual child pornography was legal, people tried for real child porn would argue that they weren"t aware. Sc heard the case because of the split of authority: diversity jurisdiction. Original jurisdiction fact finding courts sometimes the us supreme court will do this: disputes between states themselves. Jury nullification rare and controversial jury ignores a law and bases their decision off of sense of conscience. Heckler"s veto in opposition to the first amendment audience reaction or perceived reaction will drown out the intended message of the speaker (we do not like this: william ayers.
