Free Speech Coalition Case Study
Nichele Rascoe
MCO 300 – Media Law and Ethics
Dr. Breslin
Name of Case: Ashcroft v. Free Speech Coalition
Citation: 535 US 234 (2002)
Date of Decision: April 16, 2002
Vote: 6-3
Author of Opinion: Justice Kennedy
Legal Topic: Freedom of Speech
Posture of the Case: The Free Speech Coalition (FSC) (plaintiff) v. John D Ashcroft, Attorney General (defendant). The Federal District Court was summoned against John D. Ashcroft alleging that the Child Pornography Prevention Act is in violation of the First Amendment. Thus restraining the Adult Entertainment Trade Association.
Facts: The Congress enacted the Child Pornography Prevention Act (CPPA) in 1996 to prohibit “any visual depiction, including any photographs, film, video, picture, or computer –generated images that visually seem to have a minor engaging in sexually explicit conduct.” New York v. Ferber distinguished child pornography from other explicit speech due to the State’s interest in keeping children protected from exploitation during any visual production process. Pornography can only be banned if considered obscene, which was determined during the Ferber Case. In the case of Miller v. California,) Ferber did not want to reflect on what the state considered obscene. Ferber was more interested in prosecuting those who promote the
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Free Speech Coalition, the Supreme Court gave the First Amendment protection to computer – generated or virtual child pornography. Yet, the previous decision in Ferber v. New York virtual pornography is banned. It is considered “real” child pornography. The government held this decision to protect the interest of children. The most serious crime against children is sexual abuse. Congress recognized that many individuals that have such desires for children are likely to commit criminal acts based upon impulse. In addition, serious offenders have the tendency to trade pictures of children as well as written sexual
Bethel School District V. Fraser Case Summary
84 Words | 1 PagesIn the “Bethel School District v. Fraser” case, Fraser believed that the school violated his first amendment “freedom of speech” rights. Fraser gave a speech with some inappropriate content in it and the school gave him a three day suspension because two teachers warned him before he gave the speech. Fraser took it to court and the justices said they would shorten the suspension and let him have his right to speak at graduation because the school was taking away his freedom of speech.
United States Vs. Miller Case Study
1959 Words | 8 PagesThis case is also regularly cited in other Supreme Court cases and is often a deciding factor. It has been used in cases like Konigsberg v. State Bar “That view, which of course cannot be reconciled with the law relating to libel, slander, misrepresentation, obscenity, perjury, false advertising, solicitation of crime, complicity by encouragement, conspiracy, and the like, is said to be compelled by the fact that the commands of the First Amendment are stated in unqualified terms: "Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble . . . . " But as Mr. Justice Holmes once said: "[T]he provisions of the Constitution are not mathematical formulas having their essence in their form; they are organic living institutions transplanted from English soil.
Megan's Law Case Study
997 Words | 4 PagesMegan’s Law was created in 1994 in honor of Megan Kanka a seven-year-old who lived in Township, New Jersey that was coaxed into a known pedophile's house while outside her home riding her bike with the promise of seeing a new puppy. (Schapiro, 2014) Therefore, she was raped and murdered by this known pedophile who lived in her community named Jesse Timmendequas. Megan Kanka’s body was discovered in Mercer County Park. (Schapiro, 2014)
Ashcroft V. Free Speech Coalition Case Study
547 Words | 3 PagesCitation: Ashcroft v. Free Speech Coalition 535 U.S. 234 (2002) U.S. Court of Appeals for the Ninth Circuit Facts: The Free Speech Coalition which is a non-profit trade association of the pornography and adult entertainment industry in the United States filed suit, against the Child Pornography Prevention Act of 1996 (CPPA). The child pornography prevention act prohibits and sets penalties for activities such as depicting any visual image of the sexual abuse of minors. This includes pictures, video, and even modified images with the likeness or appearance of a minor engaging in a sexual act. The Promotion, advertisement, and distribution of such works are also prohibited and have consequences.
Ffcc Vs Pacifica Case Study
1727 Words | 7 PagesI. What is the core issue? The issue at hand is how children are protected from certain things they see on television and how different regulations were set into motion for their protection. When looking at regulations regarding those of censorship and other broadcasting policies such as; advertising, marketing and violence, they are handled by the Federal Communications Commission (FCC). As it states on the FCC website they are “an independent United States government agency overseen by the United States Congress.
Annotated Bibliography On Overcriminalizing Speech
1204 Words | 5 PagesThe article argues that the courts should only view harmful speech in the same eyes and rule them the same as if they were conduct harms. The source then discusses how many scholars believe that freedom of speech only applies when the benefits outweigh the harms, regarding what is being said. The article does a good job of approaching the problem through a semi-neutral lens. The article clearly lets its opinion be known at times; however, it approaches the opposite side of the argument in a fair manner. The article will be incredibly beneficial because it discusses when freedom of speech should not apply with a neutral approach.
First Amendment Thesis
251 Words | 2 PagesI believe that the author’s thesis is about the issue of censorship and how it impacts our First Amendment. The author presents us a two different perspective of the issue. Such as, our practice of our First Amendment can lead us to a place where someone can create materials that we may find offensive. But are protected by the First Amendment at the same time could have people who want to limit offensive material and therefore, through censorship are limiting the First Amendment rights of others. To demonstrate her point, Susan Jacoby, interviewed a small sample of women to gather their perspective about an image from a Playboy magazine.
Carlin's Influence On Social Media
650 Words | 3 PagesOpponents of Carlin 's legendary act stated that the Supreme Court 's ruling was needed in order to protect social values, despite the “decay of human decency” as George called it. Patrick Trueman, CEO and president of Morality in Media, which is the same group that reported WBAI to the FCC for airing Carlin’s 7 dirty words routine, stated, "The ruling in Pacifica was an important one for people who want to uphold the standard of decency in society. If the FCC was vigilant, you wouldn 't see the networks pushing the envelope, but they do because they aren 't interested in upholding standards of decency and are only interested in making money and competing with cable TV. You get to this point where the FCC has not done its job adequately and
Censorship Of The First Amendment Essay
865 Words | 4 PagesCensorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.
Jaycee Dugard's Memoir 'A Stolen Life'
1538 Words | 7 PagesThis shows the usefulness in this law and how it is an improvement that has been made by the American Judicial System. Considering the way that many searches for missing children and adults have been sped up by this law, it is evident that creating Megan’s law was a helpful and convenient movement. Since enacting Megan’s law, there has been many cases similar to this, where the offender was already on the list for previous conviction, making the process easier and faster. In the book Sexual Violence, Louise Gerdes talks about how sex offender laws should be consistent country wide. “We must have stiff-state and I'll tease for these crimes.
Thomas Mackey's Pornography On Trial
750 Words | 3 Pages“Congress shall make no law... abridging the freedom of speech, or of the press….” Herein lies the most repeated line in the text. Thomas C. Mackey’s “Pornography on Trial” addresses pornography through obscenity law, a conflict addressed in the Supreme Court since Chaplinsky v. New Hampshire. With the front portion of the book summarizing and analyzing the most influential cases handling obscenity and the back portion providing a brief description of important people and events — as well as case briefs for each case mentioned in the text — the text is a quintessential handbook.
The Pros And Cons Of Censorship And The Social Media
1686 Words | 7 PagesCensorship can be described as the act of cutting out certain material that can be considered obscene or inconvenient for the community. This material can be found in social media such as in the TV, radio, or the internet. Censorship can be challenged because of the first amendment: freedom of speech. Free expression is the right of expressing opinions and ideas without any fear of being restrained or censored. However, freedom of speech does not include the right to incite actions that would harm others or the distribution of obscene material (Administrative Office of the U.S. Courts, 2000).
Let's Put Porn Back In The Closet Analysis
188 Words | 1 Pages1. The Susan Brownmiller’s essay “Let’s Put Pornography Back in the Closet” is the debate between the First Amendment and pornography. There are also debates between what is obscene and what is used for educational purposes. Brownmiller believes that “…explicit sexual material has its place in literature, art, science and education” (62). Where literature broadens the mind with its descriptions and illustrations that words paint of the human body, art exposes children to what the human body looks like and satisfies their curiosity.
Argumentative Essay On Freedom Of Speech
817 Words | 4 PagesFreedom of Speech Freedom of speech is the freedom all people have, to express what they consider and express any opinions. It is an ability to express our opinions freely without being punished or censored. All people throughout the world are entitled and must have right to freedom of speech. However, how much do we know about freedom of speech: when did it occur? Does every countries have it?
Freedom Of Expression Speech
730 Words | 3 PagesHello, It is quite comical how we have gotten to the point of which we are now censoring what we can and cannot wear. It is extremely ludacris. The reason I find it both comical and ludacris is because freedom of expression is a human right. The reason I wear the hat is that I am in support of a Conservative President. I support his Pro-Life stance, his call to a return of Traditional values, his defense of the West, his speech on why we must protect Western Values and our Judeo-Christian heritage, his Muslim ban and his support for Israel.
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