PHL 304 Study Guide - Midterm Guide: Seat Belt Legislation, John Stuart Mill, Harm Principle
Document Summary
The liberty limiting principles: harm to others (harm principle, liberty is limited in order to prevent harm to others. It must present a clear and present danger to society. How harmful must it be: non-commonsensical harm, only a little bit of passive smoking can harm your health. Isolated a type of porn that is demeaning, cruel, and violent towards women. Some porn could be characterized as harmless, but not all of it. Two important cases: stanley v. georgia, in principle, the first amendment is very important and strong, but it can still be stifled, cannot make a law barring someone from watching porn. It violates their first amendment rights, and right to privacy: paris adult theatre v slaton, even though you can watch porn in private, the state can outlaw the transaction of porn. Porn theatres could be closed down based on the offense principle. Up to the states to determine if illegal or not.
