First Amendment TC 310 June 24, 2008. Specifically Free Speech Clause Purpose  Concerns of “Founding Fathers”  Biased towards political speech Balance.

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Presentation transcript:

First Amendment TC 310 June 24, 2008

Specifically Free Speech Clause Purpose  Concerns of “Founding Fathers”  Biased towards political speech Balance  Rights of individuals v. collective Clear and Present Danger  Rights of institutions/commercial speech  Moderated by media? Not content, but form

Free Speech Online Truthiness protected  Satire  Not libel if unintentional Like offline, free to express, not free from consequences  Organized crime  Terrorism Monitoring limiting free speech/privacy?

Commercial Free Speech Rights of commercial enterprise Promoting Good Content  “Free Speech” no carry  PEG requirements, must-carry, etc. Limiting Bad Content  Safe harbor hours (over air)‏  Protect children, expense of adults  Medium Matters

Other Limitations FCC Spectrum Policy Market Penetration Limits Obsenity (Title V) Comm Decency Act 1996  Aimed at online “smut”  Minimal efforts is necessary No-call list

Should Knows Unless danger, individual rights win Children trump adults Political still most protected Commercial less Difference between Contract and Free Interpretation not set in stone

Lets Review! Weekly Review Questions  International Patents  Penumbra Protection  Deleted, not overwritten Themes for Essays  FCC process for mergers  Law v. personal privacy  Copyright infringement  Interaction of powers in mergers

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