Communication Law Worksheet
University of Phoenix Material
• Communication Law Worksheet
Short Essay
IN AT LEAST 150 TO 350-WORDS, WRITE AN ESSAY RESPONDING TO THE DETAILS OF THE FOLLOWING THREE QUESTIONS AND STATEMENTS:
1. Communication Law is primarily about the First Amendment. What different types of speech can you identify that may have different protection under the first amendment? Under the First Amendment many types of speech receive the most stringent levels of protection while others receive little to no protection at all. Political or religious speech are two of the biggest and most important areas of speech that receive the most protection and seem to be at the core of the First Amendment rights. These two types of speech receive a great deal of scrutiny, however that scrutiny is usually never upheld. Other areas of speech involving obscenities receive no protection under the First Amendment. Commercial speech is an area of speech that in recent years is starting to gain a great deal of protection under the First Amendment. It has been determined that restrictions on commercial speech be subject to intermediate scrutiny. As a result of commercial speech many food and drug regulations have been invalidated. Commercial speech has recently gone from absolutely no protection under the First Amendment to qualified protection. Commercial speech was limited to promotion of commercial activities. Under the commercial speech doctrine speech does not lose its constitutional protection simply because it appears in a commercial context. Placing want ads in a newspaper is an area of commercial speech that is now protected under this doctrine, however those areas of commercial speech that promote illegal things like employment discrimination is indeed illegal and not protected under the First Amendment.
2. Name and discuss three of the first amendment theories found in the text. Freedom of expression started back in 1791 when the First Amendment was
• Communication Law Worksheet
Short Essay
IN AT LEAST 150 TO 350-WORDS, WRITE AN ESSAY RESPONDING TO THE DETAILS OF THE FOLLOWING THREE QUESTIONS AND STATEMENTS:
1. Communication Law is primarily about the First Amendment. What different types of speech can you identify that may have different protection under the first amendment? Under the First Amendment many types of speech receive the most stringent levels of protection while others receive little to no protection at all. Political or religious speech are two of the biggest and most important areas of speech that receive the most protection and seem to be at the core of the First Amendment rights. These two types of speech receive a great deal of scrutiny, however that scrutiny is usually never upheld. Other areas of speech involving obscenities receive no protection under the First Amendment. Commercial speech is an area of speech that in recent years is starting to gain a great deal of protection under the First Amendment. It has been determined that restrictions on commercial speech be subject to intermediate scrutiny. As a result of commercial speech many food and drug regulations have been invalidated. Commercial speech has recently gone from absolutely no protection under the First Amendment to qualified protection. Commercial speech was limited to promotion of commercial activities. Under the commercial speech doctrine speech does not lose its constitutional protection simply because it appears in a commercial context. Placing want ads in a newspaper is an area of commercial speech that is now protected under this doctrine, however those areas of commercial speech that promote illegal things like employment discrimination is indeed illegal and not protected under the First Amendment.
2. Name and discuss three of the first amendment theories found in the text. Freedom of expression started back in 1791 when the First Amendment was
References: • Pember, D. R., & Clavert, C. (2011). Mass media law (17th ed.). Boston, MA: McGraw-Hill. First Amendment Religion and Expression Freedom of Expression-Speech and Press . (1996). Retrieved August 16, 2010, from Network Abuse Clearinghouse: http://www.abuse.net/commercial.html Prior restraint law & legal definition. (2010). Retrieved August 16, 2010, from US legal: http://definitions.uslegal.com/p/prior-restraint/