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7 Cards in this Set
- Front
- Back
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Burstyn v. Wilson
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- How First Amendment applies to film
- While prior restraint of film (licensing) is okay, it is NOT okay to do so in order to protect religious ideas (state can not prohibit blasphemy) |
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Epperson v. Arkansas
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- The state cannot prohibit the teaching of evolution (a latter court would establish that 'equal time' policies were also unconstitutional)
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Rosen v. United States
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- Established the 'Hiklin Rule' in U.S.
-"Whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral infleucnes, and into whose hands this publication could fal" Problems with Hicklin Rule: - Isolated passages (one passage in book-censor whole book) - Childish standards - forces whole nation to read/know things inappropriate for children - Vagueness of 'deprave' and 'corrupt' |
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Roth v. United States
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Decision made the 2-part Roth test that labels obscenity as a form of expression which is both:
(1) Worthless (utterly without deeming social importance) & (2) Sexually lewd meaning (a) "Whether to the average person" (b) "applying contemporary community standards" (c) "The dominant theme of the material taken as a whole" (d) "appeals to prurient interest" |
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Miller v. California
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Still in use today yet threw out obscenity as worthless
Obscenity under the 3-part Miller Test: (1) Whether the average person, with contemporary community standars, would find that the work appeals to prurient interests (2) "Work depicts or describes sexual conduct in a patently offensive way, specifically defined by the applicable state law" (through any medium) (3) Whether the work lacks serious literary, artistic, political or scientific value |
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Chilling Effect
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Certain laws will have a chilling effect on free speech:
- Some laws allow people to know when exactly they are inside and outside the lines others are vague and have muddled boundaries, people will step away outside to avoid getting in trouble. - Therefore when courts find vague laws they try to make it concrete because people will avoid all types of speech that even come close, we start to censor speech on accident because people don't want to get in trouble, people will avoid all gray area. |
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idea expression dichotomy
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Cannot copyright an idea, only the symbolic form through which it is expressed
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