ipl-logo

First Amendment Free Speech Analysis

651 Words3 Pages

The primary step in First Amendment free speech analysis is to determine whether the statute is conduct based or content neutral, and then apply the proper level of scrutiny.(Burson v. Freeman, 504 USC 191, 197-198). The limitation of sex offenders’ ability to access certain commercial social networking sites is content neutral. There may be certain times that where the government’s regulation has an incidental affect on expression. A regulation that serves purposes unrelated to the content of expression is content neutral, even if it has an incidental effect on some speakers or messages. (Renton v. Playtime Theatres, Inc., 475 U.S. 41, 47-48 (1986).) In Ward V. Rock Against Racism, the city of New York imposed noise level regulations to …show more content…

Shultz, protesters, who opposed abortions, were picketing in front of the residence of a doctor who performs abortions in two of the neighboring towns.(Frisby v. Shultz 476). The town board enacted an ordinance that prohibited all picketing in front of any resident or dwelling of any individual in the town.(Id. at 477) The protestors argue that the ordinance my be content-neutral on its face but should be read to apply a labor picketing exception.(Id. 481) The court deemed the sidewalk traditional public fora, but also concluded that the time, place, manner regulation may be enforced by the State if it meets certain requirements (Id.).The ordinance was a time, place, or manner regulation because it limited picketing on public sidewalks in front of individual residence to protect ones’ residential …show more content…

Similar to Frisby, this is a regulation of a virtual traditional public forum for a substantial government interest that is sufficiently narrowly tailored to meet that end. Just like the valid ordinance that limited where protestors can picket, Section 202.5 limits where the individual can go, and does not target based on what the message conveyed is. Essentially the statute is content neutral because it regulates one’s ability to access the website in the first place not what is being expressed. Section 202.5 is a specifically a content neutral time, place, manner regulation of protected speech because it bans registered sex offenders from accessing Facebook, which inadvertently limits their expression of speech on the social networking

Show More
Related

Setonia's Abortion Laws Summary

104 Words | 1 Pages

A recent federal lawsuit has been filed by the American Civil Liberties Union’s (ACLU) challenging the constitutionality of three provisions of the Setonia’s Abortion Laws. The three provisions ACLU are challenging are as follows (McCauliff): • Law which prevents state health officials from renewing or issuing licenses to abortion clinics located with 2000 feet of an elementary school (McCauliff). • Law which requires physicians performing abortions to complete 10 hours annually of continuing medical education on abortion procedures (McCauliff). • Law which requires abortion providers to give every patient a copy of her medical records, regardless of whether the patient requests such records (McCauliff).

Read More

Lum V. Rice Case Study

1170 Words | 5 Pages

Marina Vinnichenko Term Paper: Court Case Gong Lum v. Rice Gong Lum v. Rice (1927) stands out as the case within which the U.S. Supreme Court explicitly extended the pernicious doctrine of “separate but equal”. In this case the issue was whether the state of Mississippi was required to provide a Chinese citizen equal protection of the law under the Fourteenth Amendment when he was taxed to pay for public education but was forced to send his daughter to a school for children of color. Mаrtha Lum, the child of the plаintiff of the case, was a citizen of the United States аnd a child of immigrants from China. She enrolled in and аttended the local public consolidated high school at the age of 9, but was told midway through her first day that

Read More

Ashcroft V. Free Speech Coalition Case Study

547 Words | 3 Pages

The Free Speech Coalition claims that these prohibitions are overbroad and vague and,

Read More

Summary Of The War Photo No One Would Publish

1294 Words | 6 Pages

There is a fine line between things that the public should have under consideration when it comes to what should be censored and what has the right to uncensored things . In my opinion, the only limitation I think should be under consideration is the censorship of public nudity. One should not be able to breastfeed in public, have intercourse with another, running around naked, or “freeing the nipple”. These situations can occur without someone knowing so it is not one ’s fault to block that image as they casually pass the person down the street.

Read More

Role Of Censorship In Fahrenheit 451

1016 Words | 5 Pages

Censorship The United States Government is finding new ways to censor citizen’s freedom. Are they taking it too far by removing online content and books that might be considered offensive to the general public. The government should not take away offensive reading content for three reasons. Firstly all citizens should not be limited to what books they are allowed to read considering we have been granted freedom from the government with the first Amendment. Secondly, books are people’s best teachers and provide real life knowledge for kids and adults who are trying to comprehend subjects that we not taught throughout the many years of education.

Read More

Rubin Gottesman Case

878 Words | 4 Pages

In the background of the case, it was stated that it is the court's responsibility to “weigh the the value of the speech” due to the harm it has caused. It was said that there are many forms of speech and that it should protect by whatever the subject matter is happening. This is not saying that the Circuit Court believes what this man had done was not distasteful but they feel as if they can not break the rules of their constitution. It is said that despite pornography being a serious matter that it's a protected class of speech in politics. The sides of the story went back and forth with information regarding other cases similar to it such as United States v. Thomas; but the fact is some believed that they were going by the constitution and the court is reading the situation as if he did get the speech America promises.

Read More

What Is Dp V Jones Case Brief

514 Words | 3 Pages

The judges decided that there is a right to reasonable activities on the highway , not just the right of passage. It was decided that reasonable activities included peaceful, non-obstructive assembly on the highway in certain cases, such as this one. The judges agreed that defining what consisted of a reasonable activity depended on the facts of each individual situation and in some cases a demonstration may be seen as trespassory if was not deemed to be reasonable. The judges also believed that the law could be extended , which would fit with the advancement of the country . Lord Hutton argued that common law recognises a right for members of the public to assemble together to express views and this is one of the fundamental rights of a democracy

Read More

Fdr Four Freedom Speech Analysis

860 Words | 4 Pages

President Franklin D. Roosevelt (FDR) called together members of his administration so they could aid him in preparation for his January 6, 1941 annual address to Congress. Those relied upon by FDR were Harry Hopkins, Robert Sherwood, and Sam Rosenman all men were stalwarts of the New Deal era. Since 1933, Roosevelt invested millions of dollars, spoken immeasurable words, and instituted numerous economic initiatives all in an effort to end the Great Depression. Now, a mere eight years FDR would be forced to undertake an effort to defeat European tyranny and aid Great Britain the last bastion of democracy on the European continent. FDR prepared a speech in which he would attempt to rally the nation and instill in their collective conscience the possibility that the European war could find its way to the Western Hemisphere.

Read More

Comparing Erich Fromm's Disobedience As A Psychological And Moral Problem

459 Words | 2 Pages

The right to protest is considered a cornerstone of American civil rights. According to the Cornell Law School, “In traditional public forums, the government may not discriminate against speakers based on their views. This is called “viewpoint discrimination.” The government may, however, subject speech to reasonable, content-neutral restrictions on its time, place, and manner.” However, recent developments have brought athletes and other figures under scrutiny for expressing fringe political opinions.

Read More

Censorship Of The First Amendment Essay

865 Words | 4 Pages

Censorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.

Read More

Freedom Of Speech Rhetorical Analysis

288 Words | 2 Pages

In my opinion, freedom of speech is one of our most sacred constitutional rights as Americans; therefore the role reversal that has taken place within the past few decades regarding freedom of speech does not phase me. As someone who considers themselves a fairly strong conservative I'm smart enough to realize that the Republican party is flawed and the constituents who make up the party are even more so. My view of the Constitution does not come from that of a conservative, but from someone who interprets the Constitution based off of how the founders viewed it. While Ronald Reagan was by far my favorite president by no means was he perfect. Even though I'm a Republican and strong supporter of Reagan if I was alive back in 1966

Read More

The Pros And Cons Of Federal Censorship

1377 Words | 6 Pages

One of the major problems that arise from any type of censorship is the way it negatively affects the citizens of the US. A great deal of censorship is seen online from the federal government and private companies alike. One way the federal government has censored private companies online is fines for if a platform is used for adult interaction. This act preventing this interaction is helpful for the general public, but an entire industry felt a hit (“Censorship”). Online communication made many of the “adult” workers safer and prerecord while working.

Read More

The Pros And Cons Of Censorship And The Social Media

1686 Words | 7 Pages

Censorship can be described as the act of cutting out certain material that can be considered obscene or inconvenient for the community. This material can be found in social media such as in the TV, radio, or the internet. Censorship can be challenged because of the first amendment: freedom of speech. Free expression is the right of expressing opinions and ideas without any fear of being restrained or censored. However, freedom of speech does not include the right to incite actions that would harm others or the distribution of obscene material (Administrative Office of the U.S. Courts, 2000).

Read More

The Controversy Of Internet Censorship

467 Words | 2 Pages

In 1998, a minor in Livermore, California downloaded a pornographic image from their library computer. The parents attempted to sue the library claiming that they needed to install a filter. The case was dismissed by the state superior court, but internet censorship was beginning to become a major social issue. In November of the same year, a federal judge in Virginia removed a law from effect that enforced a public library to install filtering software on both adult’s and children’s computers. The policy was withdrawn due to its violation of the first amendment.

Read More

Essay On Freedom Of Speech In Malaysia

965 Words | 4 Pages

Malaysian has the right to freedom of speech which is guaranteed by Article 10 of the Constitution of Malaysia. The Article 10 allows all citizens the absolute freedom as not restricted by the government. In Malaysia, Law such as Publications act and printing presses give the Malaysian authorities the control over all the media. Any act that against this law may lead to fines or in much extreme cases, prison sentence. Although Malaysia has the right to freedom of speech, the media are still being controlled by the government which restrict them to publish anything against the government.

Read More

More about First Amendment Free Speech Analysis

Related Topics

Open Document