Pg 43 Flashcards
How can local zoning powers be used to control things like sex shops?
Through the secondary effects the doctrine. This allows the state to say where adult businesses can be located or operate without it being labeled content control. The reasoning is that statistics show adult establishments have secondary effects through things like prostitution, crime, and reduction in property values. As long as the law is not specifically designed to target adult business and regulate them out of existence, the state can use zoning to control their location.
Would it be permissible for the state to say that no adult sex shops can be within 1000 yards of a school?
Yes, under the secondary effects doctrine. But if there is no location that is further than 1000 yards from the school, then the adult shops would be regulated out of business, and then it would not be a valid law
What is the important government interest that is served by controlling obscenity?
The government interest of maintaining quality of life, community environment, and public safety
Is there any time that something wouldn’t meet the Miller formulation standards, but would still be considered to be obscene?
It can still be obscene because of the way it is published
Why can sanctions be put on a radio broadcaster for airing indecent but not obscene language?
Because broadcasting is pervasive and has a captive audience, so things like unexpected programming or the fact that kids are present means that it gets the most limited first amendment protection.
Broadcasting is invasive and sometimes reached by accident since the audience is often tuning in and out and so it’s impossible to put warnings beforehand. Context is super important, as is time of day
What is the standard that is applied to content based regulations for the Internet?
Strict scrutiny. The first amendment denies Congress the power to regulate the content of protected speech on the Internet. The idea is it is better to use filters to impose selective restrictions on speech at the receiving end then universal restrictions at the source. Parents can turn filters on and off for their own use.
Is there a difference between what the government can and can’t do with regard to regulation depending on whether it is a newspaper, book, or the Internet?
No, they are all treated the same
What is freedom of the press?
First amendment protects this and says that there are no special press privileges or immunities to access information that is not available to the public generally, or to refuse to disclose informants or information beyond what any normal citizen would have. Newspeople have no right to access prisons or inmates beyond what the general public has
If a journalist is asked to testify in front of a grand jury, must they cooperate?
Yes, as long as the inquiry is done in good faith, the questions are relevant, and there’s no harassment
Can an informant get damages under estoppel if the newspaper breached their promise to keep his identity confidential?
Yes
Is it a government restraint if the government prevents or punishes the media for publication?
Yes. The right of the viewers or listeners is paramount
What is the fairness doctrine under the freedom of the press?
The government requires broadcast stations to give each side of an issue equal coverage by giving free time for presentation of opposing views and public issues. This does not apply to newspapers
Can the government force the press to print something that they wouldn’t otherwise?
No. The press responsibility is not mandated by the constitution and cannot be legislated. Editorial content must stay with the press because they have journalistic freedom over the content of the newspaper.
Newspapers do not have to accept editorial ads. There is no right of access or fairness doctrine applicable to print media because of space restrictions and it is the right of the editors to choose what to print
Why is broadcasting subject to greater government regulation?
Because of scarcity of radio frequencies and the goal of preventing monopolization as well as the pervasiveness in people’s lives and the accessibility to children. Public broadcast stations are not public forums
How are public candidate debates viewed in terms of freedom of the press for broadcasting?
This is a special category that should be viewed as a forum, but it is not public. There’s a limited right to reasonable access that pertains only to legally qualified federal candidates for office and can be invoked by them only to advance their candidacy once a campaign has started.
Ie: if the third most popular guy in a political debate is cut out of airing because he didn’t have enough public support, that is OK because the debate was a non-public forum and the broadcaster was allowed to exclude candidates for reasonable viewpoint-neutral reasons. Decision had nothing to do with the guy’s views
