Dangerous ripple effect of free speech ruling
Article Abstract:
A secondary-effects doctrine has grown to lead to the censorship of almost any kind of speech from its beginning began with zoning cases dealing with neighborhood deterioration. Rulings in 1997 include The Free Speech Coalition v. Reno challenging the Child Pornography Prevention Act of 1996 as a prior restraint of speech and another case finding the 1996 Communications Decency Act was a content-neutral limit on speech because the harm to children was a secondary effect. Since all speech has effects, the doctrine provides fertile opportunity for abuse.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Beware onslaught of morality laws
Article Abstract:
Morality laws are nothing new and the 1990s version concern the Internet. Indecency laws are either already enacted or being considered in 17 states. In spite of recent rulings, several of them do threaten free speech. Fortunately, several federal judges have braved the Far Right and ruled these laws unconstitutional. In June 1996, A Philadelphia federal court so ruled provisions in the Communications Decency Act. The protection-of-minors rationale sometimes used is a smokescreen for unconstitutionally attacking the rights of adults.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Speech should be free for all - even billboards
Article Abstract:
Federal case law is showing a gradual recognition of the tenuous legal reasoning behind commercial speech's subordinate position in the list of First Amendment values. Federal courts right up through the Supreme Court have expressed skepticism regarding the commercial speech doctrine, stating that it had no constitutional basis. Lesser protection for commercial speech allows government officials to paternalistically close off channels of communication, and people will perceive their own best interests if given enough information.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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