Limited Protected Speech
#1 The U.S. Supreme Court divides speech into three categories, fully protected, limited protected, and unprotected speech. The following paragraphs will address limited protected and unprotected speech. Limited protected speech, cannot be banned by the government, but is subjected to time, place and manner restrictions. There are several forms of limited speech, but two major forms are offensive and commercial speech. Offensive speech, not to be confused with obscene speech, is speech that offends a large population of society, it cannot be banned by the government, but is placed under time, place, and manner restrictions to protect the population that is offended by the speech (Cheeseman, 2013, p. 96). Examples of these types of restrictions
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are late night talk shows. The content of late-night talk shows contain language geared towards adults; therefore, they are aired when children are most likely to be sleeping. Commercial speech, as defined by the Supreme Court, is speech “where the speaker is more likely to be engaged in commerce, where the intended audience is commercial or actual or potential consumers, and where the content of the message is commercial in character” (“Commercial Speech,” n.d.). The First Amendment does not protect commercial speech that is false or misleading. Cities also have the right to restrict commercial speech that is distracting to motorists or aesthetically unappealing (Cheeseman, 2013, p. 96). Unlike limited protected speech, unprotected speech is not protected by the First Amendment.
Examples of unprotected speech include, but are not limited to, defamatory language and fighting words. Fighting words are words that when spoken face to face are likely to cause the intended listener to react in a hostile or violent manner. Personal insults and epithets are examples of fighting words (“Categories,” n.d.). Defamatory language, both written and verbal is unprotected speech that is false and damages a company or person’s reputation. For example, if a person writes a blog claiming that Subway uses child labor to harvest their produce when in fact, Subway does not, Subway can sue the writer for …show more content…
defamation. #2 Strict liability removes the burden of proving a defendant breached a duty of care, making it less difficult for plaintiffs to recover their losses (Cheeseman, 2013, p.
121). Many states have adopted the strict liability doctrine to determine product liability cases. Under strict liability, defendants can be determined liable despite following all necessary preparations from manufacturing to sale; this concept is known as liability without fault (Cheeseman, 2013, p. 121). Therefore, all parties in the supply chain of distribution are liable for any injury caused by the product. For example, a customer purchases a new stove from a local hardware store that has an unknown heating element defect. Later, the heating element catches fire, causing significant damage to the customer’s house. If the customer lives in a jurisdiction that recognizes strict liability that customers can sue any party of the chain of distribution, including the hardware store, manufacturer, and distributor. A defendant, who is not at fault, can later sue the negligent party of the chain of distribution to recover monetary rewards paid to the
plaintiff. For a plaintiff to recover losses under strict liability, they must prove that a product was in some way defective. The most common types of product defects are a defect in manufacturing, defect in design, failure to warn, and defect in packaging (Cheeseman, 2013, p. 122). Currently, Samsung is voluntarily recalling certain models of their top loader washer, because excessive vibrations caused by unbalanced drums, can dislodge the tops from washers, possibly injuring a person and their property (“Voluntary Recall,” 2016). This is an example of a defect in design. Samsung is offering their customers two options to repair or replace their defective washer, and are also sending customers who purchased the recalled washers home labeling kits (“Voluntary Recall,” 2016). The home labeling kits contain two warning labels that instruct customers how to prevent the tops from dislodging. Without the new warning labels, Samsung’s washers would also be defective due to failure to warn.
are late night talk shows. The content of late-night talk shows contain language geared towards adults; therefore, they are aired when children are most likely to be sleeping. Commercial speech, as defined by the Supreme Court, is speech “where the speaker is more likely to be engaged in commerce, where the intended audience is commercial or actual or potential consumers, and where the content of the message is commercial in character” (“Commercial Speech,” n.d.). The First Amendment does not protect commercial speech that is false or misleading. Cities also have the right to restrict commercial speech that is distracting to motorists or aesthetically unappealing (Cheeseman, 2013, p. 96). Unlike limited protected speech, unprotected speech is not protected by the First Amendment.
Examples of unprotected speech include, but are not limited to, defamatory language and fighting words. Fighting words are words that when spoken face to face are likely to cause the intended listener to react in a hostile or violent manner. Personal insults and epithets are examples of fighting words (“Categories,” n.d.). Defamatory language, both written and verbal is unprotected speech that is false and damages a company or person’s reputation. For example, if a person writes a blog claiming that Subway uses child labor to harvest their produce when in fact, Subway does not, Subway can sue the writer for …show more content…
defamation. #2 Strict liability removes the burden of proving a defendant breached a duty of care, making it less difficult for plaintiffs to recover their losses (Cheeseman, 2013, p.
121). Many states have adopted the strict liability doctrine to determine product liability cases. Under strict liability, defendants can be determined liable despite following all necessary preparations from manufacturing to sale; this concept is known as liability without fault (Cheeseman, 2013, p. 121). Therefore, all parties in the supply chain of distribution are liable for any injury caused by the product. For example, a customer purchases a new stove from a local hardware store that has an unknown heating element defect. Later, the heating element catches fire, causing significant damage to the customer’s house. If the customer lives in a jurisdiction that recognizes strict liability that customers can sue any party of the chain of distribution, including the hardware store, manufacturer, and distributor. A defendant, who is not at fault, can later sue the negligent party of the chain of distribution to recover monetary rewards paid to the
plaintiff. For a plaintiff to recover losses under strict liability, they must prove that a product was in some way defective. The most common types of product defects are a defect in manufacturing, defect in design, failure to warn, and defect in packaging (Cheeseman, 2013, p. 122). Currently, Samsung is voluntarily recalling certain models of their top loader washer, because excessive vibrations caused by unbalanced drums, can dislodge the tops from washers, possibly injuring a person and their property (“Voluntary Recall,” 2016). This is an example of a defect in design. Samsung is offering their customers two options to repair or replace their defective washer, and are also sending customers who purchased the recalled washers home labeling kits (“Voluntary Recall,” 2016). The home labeling kits contain two warning labels that instruct customers how to prevent the tops from dislodging. Without the new warning labels, Samsung’s washers would also be defective due to failure to warn.