Stompwampa
Diabloii.Net Member
3 Libertarian Exceptions. . .
Are there any exceptions to our wonderful First Amendment Rights?
We got to talking about this in my Mass Comm Law class. The prof gave 3 exceptions that have continuously stood up in court, and are approved of by even the mighty Libertarians in all thier glory.
1.) Defamation (Slander/Libel)
2.) Obscenity
3.) The Right of the Government to Protect Itself - I.E- A Clear and Present Danger
What do you think? Are there/should there be any exceptions to our First Amendment rights? There are those purists, such as Justice Hugo Black who would say that under no circumstances should our rights in the First Amendment be refused or overturned in a court of law. And yet, we have these three exceptions that have stood the test of time.
Discuss.
Are there any exceptions to our wonderful First Amendment Rights?
We got to talking about this in my Mass Comm Law class. The prof gave 3 exceptions that have continuously stood up in court, and are approved of by even the mighty Libertarians in all thier glory.
1.) Defamation (Slander/Libel)
2.) Obscenity
The Suprme Court said:Obscenity Defined As:
1) A thing must be prurient in nature
2) A thing must be completely devoid of scientific, political, educational, or social value
3) A thing must violate the local community standards
The FCC said:Obscenity As Defined by the FCC
- An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest;
- The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and
- The material, taken as a whole, must lack serious literary, artistic, political, or scientific value
Suprem Court Justice Oliver Wendell Holmes said:"The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right."
What do you think? Are there/should there be any exceptions to our First Amendment rights? There are those purists, such as Justice Hugo Black who would say that under no circumstances should our rights in the First Amendment be refused or overturned in a court of law. And yet, we have these three exceptions that have stood the test of time.
Discuss.