POS 2041 Lecture Notes - Lecture 18: Hardcore Pornography, Fourteenth Amendment To The United States Constitution, Prior Restraint
1 Oct 2016
School
Department
Course
Professor
Document Summary
We establish the clear and present danger test to define the point at which free speech loses the protection of the first amendment . Supreme court draws a line on whats constitutional vs unconstitutional. Means that the supreme court has to define clear, present and danger. Freedoms of speech and press are among the fundamental personal rights protected by the 14th amendment from abridgment by the states . First time that supreme court says the constitution is supreme. There are many types of speech, tonight in the debate we"ll see political speech which is not very regulated, advertisement speech is very regulated. Theory is that politicians can tell lies because it doesn"t have to be regulated since it reflects on them (or well that"s the belief) Obscenity is not within the area of constitutionally protected speech or press . Local communities may set their own restrictive standards aimed at curbing hardcore pornography .
