COMMUNICATION LAW WORKSHEET 4
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?
TheFirst Amendment to the United States constitution protects a numberof speeches. The first speech protected by this amendment is thecommercial speech. The amendment protects commercial speech fromgovernment regulation that can be seen as unwarranted. The otherspeech protected by the first amendment is the seditious speech. Thisimplies that people who oppose the government through speech shouldnot be subjected to legal proceedings. The amendment also protectsthe freedom of speech when people are demonstrating. This impliesthat protestors can freely express their thoughts (Piety, 2012).
Name and discuss three of the first amendment theories found in the text.
Oneof the theories about the first amendment that is evident in the textis the freedom of information. The first amendment highlights theneed for all citizens to get the information they require. Anothertheory of the first amendment is based on the freedom of speech andexpression. Citizens have the right to express their political viewswithout any victimization from the government. The other theory inthe amendment is based on the protection of freedom of media. Thefirst amendment protects the media from interference with theiraffairs. The government should not meddle into the affairs of themedia, but should allow the media to inform release information tothe public (Kinsley, 2010).
What does prior restraint mean? Why is it important?
Basedon the first amendment, prior restraint implies the ability of theUnited States government to prevent people from expressing theirviews. One of the forms of prior restraint involves ensuring thatspeakers acquire permits before they speak. In addition, there can bejudicial injunction that prohibits people from making certainspeeches. Prior restraint is essential for security purposes itensures that information that can cause instability is not releasedto the public (Werhan, 2004).
Kinsley,M. (2010). Whoowns the first amendment? NewYork: Atlantic.
Werhan, K. (2004). Freedomof speech: a reference guide to the United States Constitution.Westport, Conn: Praeger.
Piety,T. R. (2012). Brandishingthe First Amendment: Commercial expression in America.Ann Arbor: University of Michigan Press.