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17 Cards in this Set
- Front
- Back
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Speeches that aren't protected |
1. Defamation 2. Child Pornography 3. Fighting Words 4. Commercial Speech 5. Obscenity 6. Imminent lawless action |
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Imminent Lawlessness |
Directed to produce or incite imminent lawlessness is likely to do just that. |
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Fighting Words |
1. True Threats 2. Words likely to incite physical retaliation. |
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Obscenity |
1. Appeal to Pruient Interest 2. Patently Offensive by a state wide standard 3. Doesn't have serious literary, artistic, political or scientific value. |
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Can government make something obscene for Minors? |
Yes but can't refuse to sell it to adults for that reason. |
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Can the government bar material that depicts Minors engaging in sexual activity even if it isn't minors? |
Absolutely not. |
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Who determines whether something is obscene? |
The Jury |
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Does evidence of something being on news stands and in the mail automatically rebut the claim that it's obscene? |
NO |
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Can a Land Use Regulation limit size of a adult sex store |
YES oney if the regulation is designed to reduce the secondary effects of such business. I.e. Crime property values etc. |
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Can land use regulations ban adult sex stores? |
NO |
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Can the government regulate liquor drinking around sexual entertainment? |
Yes |
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Speech is Defamatory when |
1. It involves a Public Official 2. An a issue of Public Concern. |
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Public Figure cases must be proved by |
Clear and convincing evidence. |
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A plaintiff in a public figure case must prove? |
Atual Malice
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When suing in regards to a matter of Public concern what is restricted |
Liability without fault and The recovery of presumed or punitive damages. |
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If the plaintiff establishes negligence but not actual malice then? |
They have to prove actual damages and punitive damage are taking off the table. |
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When will the court uphold prior restraint? |
if some special harm would otherwise result. |
