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First Amendment TC 310 June 24, 2008. Specifically Free Speech Clause Purpose  Concerns of “Founding Fathers”  Biased towards political speech Balance.

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Presentation on theme: "First Amendment TC 310 June 24, 2008. Specifically Free Speech Clause Purpose  Concerns of “Founding Fathers”  Biased towards political speech Balance."— Presentation transcript:

1 First Amendment TC 310 June 24, 2008

2 Specifically Free Speech Clause Purpose  Concerns of “Founding Fathers”  Biased towards political speech Balance  Rights of individuals v. collective Clear and Present Danger  Rights of institutions/commercial speech  Moderated by media? Not content, but form

3 Free Speech Online Truthiness protected  Satire  Not libel if unintentional Like offline, free to express, not free from consequences  Organized crime  Terrorism Monitoring limiting free speech/privacy?

4 Commercial Free Speech Rights of commercial enterprise Promoting Good Content  “Free Speech” no carry  PEG requirements, must-carry, etc. Limiting Bad Content  Safe harbor hours (over air)‏  Protect children, expense of adults  Medium Matters

5 Other Limitations FCC Spectrum Policy Market Penetration Limits Obsenity (Title V) Comm Decency Act 1996  Aimed at online “smut”  Minimal efforts is necessary No-call list

6 Should Knows Unless danger, individual rights win Children trump adults Political still most protected Commercial less Difference between Contract and Free Interpretation not set in stone

7 Lets Review! Weekly Review Questions  International Patents  Penumbra Protection  Deleted, not overwritten Themes for Essays  FCC process for mergers  Law v. personal privacy  Copyright infringement  Interaction of powers in mergers


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