Term
| Name the political theories. |
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Definition
| Soviet-Communist, Authoritarian, Social Responsibility, and Libertarian |
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Term
| What did John Milton, John Locke, Jefferson, Madison have to do with these political theories? |
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Definition
Milton -> "marketplace of ideas"; Good stuff get's embraced...bad stuff gets ignored
Milton -> "A blank slate" theory; Buys n2 the Libe. model; Believes ppl should have "natural right"; man is inheritely rational
Jefferson -> Buys n2 the Libe. view; We should have rights 2 free speech; believes n less gov't
Madison -> Most Liber.; Didn't blieve that libel & slander was all that bad; hav the right 2 say things politically but there should b civility; 1st Amendment is the most important; should never violate the freedom of the press |
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Term
| What are the 5 rights of the 1st Amendment? |
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Definition
Religion
Speech expression
Press
Right 2 Assemble (Assembly)
Petition gov't 4 redress of grievances |
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Term
| What r the points in the Supreme Crt. Shifting Doctrine? |
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Definition
-> It interprets the 1st amendment and how we balance it
-> Bad Tendency, Clear & Present Danger, Balancing, Preferred Position, Least Imposition |
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Term
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Definition
-> It interprets the 1st amendment and how we balance it
-> S.C. – we r putting the weight on the side of NY
-> A tendency 2 call a substance of evil the gov’t can regulate it’s speech; if something bad might happen gov’t can regulate the speech
-> Not a lot of evidence that something bad might happen but it could happen so they gov’t can regulate it
-> The gov’t should have 2 jump higher to regulate our speech |
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Term
| Explain Clear and Present Danger. |
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Definition
->The gov’t now has the right 2 say that something bad is likely to happen.
-> The gov’t now has the right 2 say that something bad is likely to happen.
“Can’t shout fire in a crowded theatre” -> when our speech has the ability 2 cause that type of reaction |
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Term
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Definition
| No right is inherently more important than any other right |
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Term
| Explain Preferred Position. |
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Definition
-> This is the game changer, it’s not just about libel but has an impact in every area of media law
-> Times v Sullivan -> 1st Amendment is going 2 take a preferred position over every other right; extremely central |
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Term
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Definition
| -> When gov’t decides 2 regulate speech: -> Must b the least restrictive necessary 2 serve the public interest |
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