Ownersih of Speech, Obscenity, & commercial Speech

Question 1

Is copyright violation protection by free speech?

Answer 1

No, it is seen as enforcing ownership of speech & protecting it in a way

Magazine liable for infingement for publication of lawfully obtained, truthful excerpt from President Ford’s memoir

Question 2

The Miller Test

Obscenity

Answer 2

the permissible scope of such regulation to works which depict or describe sexual conduct. That conduct must be specifically defined by the applicable state law, as written or authoritatively construed. A state offense must also be limited to works which, taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, and which, taken as a whole, do not have serious literary, artistic, political, or scientific value.

Question 3

Who answers the question posed by the miller test?

Answer 3

The Jury, the question is, would an average person applying** contemporary community standards** find that the work appeals to prurient interest, are patently offensive, and lacks serious literary, artistic, political, or scientific value Ordinary sex is not obscenity under the miller

Question 4

An as applied challenge

Answer 4

Statute is unconstitutional as applied to me in this circumstance.

Statute remains even if you win. Vagueness and Overbreadth are typically as applied challenges.

Question 5

A Facial Challenege

Answer 5

The statute is unconstitutional on its face. Statute is struck down if you win.

Question 6

Rule for raising an overbreadth challenege

Answer 6

if the plaintiff’s speech is unprotected, OB must be real and substantial

Question 7

Rule for raising a facial challenege

Answer 7

if the speech is protected, only an as applied challenge is permitted unless the law in question is unconstitutional in all applications.

Question 8

Fighting words

Answer 8

fighting words not protected, even though what they are is unclear and successful cases are extremally rare.

Question 9

Hostile Audiences

Answer 9

Words were protected but were gonna cause a riot. However, the speaker can still be arrestsed but police must first make reasonable effort to protect speech.

Question 10

Central Hudson Test

Regulation of commercial speech

Answer 10

1) Lawful activity, not misleading,
2) substantial government interest,
3) directly advances government interest and 4) not more extensive than necessary to serve that interest