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Question
Many of the speech harms identified by Congress and reviewed by the Supreme Court either implicitly or explicitly incorporate the notion of a reasonable person. Critique this reasonable person standard given the First Amendments apparent assumption that laws should not unnecessarily abridge the freedom of speech.
Answer
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Related questions
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Which of the following is defined as an invented mark or a made-up word?
a. arbitrary mark
b. fanciful mark
c. suggestive mark
d. descriptive mark
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Kim is a freelance journalist who writes a story about river pollution. Kim's copyright on the story will last for ______ a. 125 years from the date he wrote the story b. his lifetime plus 70 more years c. 28 years, renewable for another 28 years d. 75 years
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a. scientific discoveries b. historical events c. a story published on a newspapers front page d. all of these
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In the past, the Supreme Court has allowed government censorship boards to license films for exhibition.
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In addition to the federal law, all states and the District of Columbia have child pornography laws.
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A cable television network wants to run a prize-winning drama with adult themes and explicit references to sexual matters (but not meeting the definition of obscenity). To comply with the law, the station must run the play between 10 p.m. and 6 a.m.
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Courts have held that the First Amendment protects violent content in the mass media.
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A person who had tested positive for HIV, the virus that causes AIDS, was at a hospital for further tests and discussion with a doctor. The patient did not have the disease of AIDS, only the HIV virus in his body. When the patient entered the hospital examination room, where normally only the patient and physician would be present, he was asked if he would allow his photograph to be taken. At first, he refused. But the photographer and physician assured him that he would not be recognized because the photo would be taken from a back angle and in silhouette. No one said who the photographer was, but the patient assumed she was with the hospital and that the photo would be used for research purposes within the hospital. The patient agreed to allow the picture to be taken. In fact, however, the photographer was from the local paper that published the photo of the patient being examined by the doctor to illustrate a story that discussed the hospitals research on people who have the AIDS disease. The patient could be identified in the photo by a number of his friends, and he was terribly upset by his picture being used with the story. The patient wants to sue the newspaper for negligent infliction of emotional distress. Would that suit be successful? Why or why not?
Q:
Whether a plaintiff is considered a public figure for purposes of a libel suit can depend on the nature of the material being publishedspecifically whether it relates to a matter of public concern.
Q:
A newspaper can act as a third party to assert the First Amendment right of an anonymous commenter in an online libel case.
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There are two categories of emotional distress lawsuits, that is, intentional infliction of emotional distress and negligent infliction of emotional distress.
Q:
Punitive damages usually provide the most monetary award.
Q:
To win an intentional infliction of emotional distress suit, a plaintiff must show the defendant ______.
a. wanted the plaintiff to suffer physical injury
b. knew his or her actions or speech would cause emotional distress
c. acted negligently
d. acted in a reckless way that could cause emotional distress
Q:
A century ago when plaintiffs first brought lawsuits claiming defendants caused them emotional distress, courts ______.
a. generally allowed the plaintiffs to sue
b. rarely allowed plaintiffs to recover for emotional distress
c. allowed only public officials and public figures to recover for emotional distress
d. allowed only private individuals to recover for emotional distress
Q:
Emotional distress is defined as ______.
a. being insulted
b. being mildly upset
c. being frightened or extremely anxious
d. feeling nauseous
Q:
The purpose of retraction statutes is to ______.
a. mitigate the damages a libel defendant may be required to pay
b. reduce any chilling effect on the issuance of retractions when mistakes are made by the media
c. discourage the issuance of retractions by leveling additional damages against guilty libel defendants that make retractions
d. mitigate the damages a libel defendant may be required to pay, and reduce any chilling effect on the issuance of retractions when mistakes are made by the media
Q:
Words within direct quotation marks ______.
a. never can be grounds for a libel suit
b. can be the basis of a successful libel suit if they substantially change the meaning of what the plaintiff actually said
c. always can be grounds for a libel suit if they are not exactly the words spoken by the plaintiff
d. cannot be the basis for a libel suit because the speaker gave consent
Q:
Discuss the test developed by the U.S. Supreme Court in Brandenburg v. Ohio, explain how it relates to the bad tendency and clear and present danger tests, and describe its role in U.S. Supreme Court decision-making.
Q:
Given the role of the schools in inculcating values and teaching social responsibility, the U.S. Supreme Court in Tinker v. Des Moines Independent School District said school officials may prohibit student speech that might potentially disrupt school activities.
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Students in all public educational institutions, whether primary schools or universities, enjoy the same protection from regulation of their speech.
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The U.S. Supreme Court struck down the anti-hate ordinance at issue in R.A.V. v. St. Paul in part because the law was underinclusive.
Q:
If a court uses the incitement test when a mass medium is sued for causing physical harm, the plaintiff ______.
a. has to prove only that s/he was harmed by the medium
b. almost always wins
c. usually wins if the damage is physical
d. rarely wins
Q:
Categorical balancing ______.
a. balances different categories of speech against each other to create a hierarchy of speech rights
b. establishes that speech rights always outweigh competing interests
c. distinguishes the protection of speech based on the identity of the speaker
d. examines where speech occurs as the basis for protection
Q:
Fighting words ______.
a. are words said in the heat of the moment
b. threaten to immediately disturb the peace
c. are not part of the exchange of ideas
d. are legally obscene
Q:
The First Amendment does not limit the power of state or local legislatures.
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Originalists believe that interpretation of the Constitution should be guided by the actual text of the document.
Q:
A classical prior restraint imposes broad government power to review and select acceptable content before ideas are published.
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Functionalists, or instrumentalists, believe that the First Amendment protects the freedom of speech and of the press only because these freedoms advance important societal goals, such as democracy.
Q:
The First Amendment stands as a nearly absolute ban to prior restraint.
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Textualists believe that interpretation of the Constitution should be guided entirely by its own language without reference to history or contemporary issues.