Speech and Media

Question 1

FCC v. Pacifica Foundation

Answer 1

RULE → gov’t may regulate speech over broadcast radio & TV BECAUSE broadcast radio & TV

(a) Comes into the home → so it triggers an individuals right to privacy in the home
(b) Is uniquely accessible to kids
(c) Not mentioned in case Public airwaves are a scarce resource, justifying more gov’t regulation

Question 2

Fleeting expletives on broadcast radio & TV

Answer 2

Even fleeting expletives can, depending on the context, be actionable

Question 3

Homeowner doing the censoring

Answer 3

Rowan v. US Post Office

Federal law (constitutional): Homeowner can go to Post Office say they’re receiving sexual materials and that they don’t want to receive any more material from the sender

Question 4

Gov’t doing the censoring

Answer 4

Bolger v. Youngs Drug Products Corp

i. Federal law (unconstitutional): barred the mailing of unsolicited ads for contraceptive products

Question 5

Indecent telephone communication

Answer 5

Sable Communications v. FCC

RULE → Indecent phone conversation is protected

Court held that law unconstitutional BECAUSE
(a) Court agrees that gov’t has compelling interest for protecting children BUT the law failed second prong of strict scrutiny → law could’ve been achieved through less restrictive means