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Published byCandice Jacobs Modified over 9 years ago
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First Amendment TC 310 June 24, 2008
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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
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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?
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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
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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
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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
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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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