Ls 305 Midterm

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LS 305
Midterm Essay Questions
Question 1: Describe at least three kinds of speech that are not protected speech under the First Amendment. Provide examples, and explain the impact of not having these types of speech protected under the First Amendment. The First Amendment protects advocacy of illegal action except when imminent action is intended and probable. Justice Oliver Wendell Holmes, Jr. gave the example of, “falsely shouting fire in a theatre causing panic” (http://www.firstamendmentcenter.org/not-many-exceptions-to-free-speech-guarantee). This is not protected because it presents a clear and present danger that causes an immediate reaction that could cause physical harm or injury to others. Defamation, both written (libel) and spoken (slander), is not protected by the First Amendment. The qualifying factors to be considered defamation the communication must be: intentional, untrue, damaging to the reputation of that person, and directed to/at someone other than the person it is regarding (http://legal-dictionary.thefreedictionary.com/Defamation). Allegations of serious criminal actions or allegations of serious sexual misconduct are examples of defamation per se. The plaintiff does not have to prove damage to his/her character when defamation per se applies (http://www.abbottlaw.com/defamation.html). The lack of First Amendment protection is to avoid having reputations destroyed by malicious spoken or written statements of others. The First Amendment does not provide protection for obscenity. The three part test that decides whether sexual material will be protected or not is called the Miller Test. As stated at http://legal-dictionary.thefreedictionary.com/First+Amendment , “Material will not be declared obscene unless (1) the average person, applying contemporary community standards, would find that its predominant theme appeals to a…...

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