What is the Ashcroft decision?
In Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), the Supreme Court struck down portions of the federal Child Pornography Prevention Act (CPPA) of 1996 that banned “virtual child pornography,” which the justices said was neither obscene nor actual child pornography as defined by previous decisions.
What is the Free Speech Coalition issue?
Free Speech Coalition, 535 U.S. 234 (2002), is a U.S. Supreme Court case which struck down two overbroad provisions of the Child Pornography Prevention Act of 1996 because they abridged “the freedom to engage in a substantial amount of lawful speech”.
Who won Ashcroft v ACLU?
Court remanded case to decide whether COPA was constitutional. In Ashcroft v. American Civil Liberties Union the Court held 8-1 that the breadth of the community standards language did not in itself invalidate the law.
Is a public school a public forum?
For example, jails, public schools, and military bases are nonpublic forums (unless declared otherwise by the government). Such forums can be restricted based on the content (i.e., subject matter) of the speech, but not based on viewpoint.
Do you agree or disagree with the Supreme Court ruling in Reno v ACLU?
In Reno v. American Civil Liberties Union, 521 U.S.844 (1997), the Supreme Court held in a unanimous decision that provisions of the 1996 Communications Decency Act (CDA) were an unconstitutional, content-based restriction of First Amendment free speech rights.
What happened in 2005 in the Supreme Court?
By a vote of 5-4, the U.S. Supreme Court on March 1, 2005 declared the execution of juvenile offenders to be unconstitutional. This historic ruling held that the practice violates the Eighth Amendment’s ban on cruel and unusual punishments.
What were the 3 major court decisions of the Burger Court?
Notable cases from the Burger Court include: New York Times v. United States (freedom of the press), Roe v. Wade (abortion), United States v.
What kinds of speech are not protected?
Although different scholars view unprotected speech in different ways, there are basically nine categories:
- Obscenity.
- Fighting words.
- Defamation (including libel and slander)
- Child pornography.
- Perjury.
- Blackmail.
- Incitement to imminent lawless action.
- True threats.
What is Pacifica Foundation v FCC?
Pacifica Foundation, 438 U.S. 726 (1978), was a landmark decision of the US Supreme Court that defined the power of the Federal Communications Commission (FCC) over indecent material as applied to broadcasting.
Why did the FCC send a letter of reprimand to Pacifica?
A Pacifica Foundation radio station in New York City, WBAI, broadcast the routine during the day. A father complained that his son had heard it and that it contained language inappropriate for children. The FCC sent a letter of reprimand to Pacifica for violating its rules against broadcasting indecent content. Lewis Franklin Powell, Jr.
Is the Pacifica Foundation radio routine inappropriate for children?
A Pacifica Foundation radio station in New York City, WBAI, broadcast the routine during the day. A father complained that his son had heard it and that it contained language inappropriate for children.
Does Pacifica question the Commission’s determination that this broadcast was offensive?
In contrast, in this case, the Commission was responding to a listener’s strenuous complaint, and Pacifica does not question its determination that this afternoon broadcast was likely to offend listeners. It should be noted that the Commission imposed a far more moderate penalty on Pacifica than the state court imposed on Cohen.