Comm 10 Suman Final - 1st amendment()Questions & Answers 100% Correct

liberal democracy - ANSWERin the USA - majority rules liberal: regardless of what majorities think, certain rights cannot be violated, embodied in bill of rights 1st amendment - ANSWERcongress should make no laws against the freedom of press or speech tyranny of the majority - ANSWERrights are related to protecting from this - majorities cannot determine what religion you practice even if 99% of the people do, you are protected - you have the right to a fair trial even if everyone thinks you are wrong philosophical basis - ANSWERMilton, Mill and Jefferson - marketplace of ideas, Milton - 3 pronged defense of freedom of speech, Mill - all 3 = classical libertarianism marketplace of ideas - ANSWERMilton - economic system that isn't regulated by government - what's best for society is discussion - debate and speech are not regulated by the government because the truth will emerge Jefferson - ANSWERhuman beings are rational creatures - we will make the best ideas without the government - press supplies people with all the info we debate and discuss and the best decisions will be made by the free and open press 3 pronged defense for freedom of speech - ANSWER1. as opinion is silenced, the truth may be silenced as well 2. even a wrong opinion may contain an element of truth necessary to discover the whole truth 3. even if commonly accepted opinion is the whole truth people will hold it not as rational belief but as prejudice if they have not had the defendant (it is important to defend your beliefs in the face of people who disagree with you, instead of just believing what you're told) classical libertarianism - ANSWERthe government cannot prevent or force you to say anything - at the end of the day everyone has freedom of speech, all truths will be revealed and problems will be worked out - the preferred remedy to harmful speech is more speech, not restricted speech interpretations of the 1st amendment - ANSWERabsolutists consensus definiton social harm exceptions absolutists - ANSWERabsolutely no restrictions to 1st amendment consensus definition - ANSWERsome restrictions should be allowed, but no restrictions should be allowed simply because the speech is unpopular - Freedom for the thought we hate social harm - ANSWERdoes have the right to restrict speech - determined by courts exceptions - ANSWERslander (verbal) and libel (written): falsely portraying someone's character - the truth always reigns even if it shows bad character - violation of national security (gov has right to keep certain info secret) Pentagon Papers (nixon tried to plead violation of national security but was ruled that he was just trying to save face) - you can't use someone's name for commercial reasons, violation of privacy - public officials can't share religious beliefs in schools - you can't lie about a product - can't use someone else's logos or writing as your own - hate speech, threatening speech not allowed - schools can have broad censorship over students government can't compel you to say anything - ANSWER- can't make you say pledge of allegiance - exception: judges do have a right to compel, if gov proves the info or video is crucial to the case and can't be found any other way two problems - ANSWER1. defining exceptions 2. cost/benefit analysis analysis 1. defining exceptions - ANSWERobscenity: how do you define what's obscene? varies from person to person, place to place - tahitians thought having sex in public was fine but eating in public was obscene - legal standards