POS 2041 Lecture Notes - Lecture 5: American Booksellers Association, Equal Protection Clause, Hazelwood School District

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Gitlow v ny freedoms of speech and press are among fundamental rights. Obscenity is not within the area of constitutionally protected speech or press. Local communities can permit what is scene as hardcore porn. Pope v illinois value of work be judged by a reasonable person. Reno v aclu prohibits obscenity material to minors. Citizens united v federal election commission corporate funding of political broadcasts and candidate elections can not be limited because of first amendment. Near v minnesota press is normally immune from prior restraint, although not in exceptional cases relating to national security. Ny times co v sullivan impossible to libel public official unless statement is made deliberately or recklessly false. Fcc v pacifica foundation government can prohibit the broadcasting of offensive language. Hudnut v american booksellers association strikes down law that says porn discriminates against women by portraying them as sex objects.

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