The First Amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. the United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of ...
Obscenity Research Papers Samples For Students
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The First Amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. the United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of ...
The First amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of protected ...
Obscenity
The case of Miller v. California, 413 U.S. 15, 27 (1973) is the case where the Supreme Court has laid down a three-prong test called the “Miller Test” to determine if a work is obscene. The Miller Test is composed on the following questions: 1.) whether the average person who shall apply cotemporary community standard will find that the work when taken in its entirety appeals to the indecent interest; 2.) whether the work describes a sexual conduct that is patently offensive and violates a particular statute; and 3.) when the work when taken in the holistic approach is inadequate of literary, artistic, ...
The First Amendment to the US Constitution provides that Congress shall make no law that restricts freedom of expression or of the press. Such wording restricts state power as a greater and a lesser degree compared to what it could do in this regard if the wording used in the literal sense.
The said formulation limits the power of the state to a greater extent in the sense that it applies not only to Congress but to all branches of the federal government, all branches of state governments and local authorities. The wording in question, limit state power to ...
Historical Analysis of obscenity using the case of "Rosen v. U.S 1896"
Historical Analysis of obscenity using the case of "Rosen v. U.S 1896"
The trial court, in the Southern District of New York, defined obscenity as overt act of the defendant, which is committed intentionally, knowingly and unlawfully which contained a certain obscene, lascivious and lewd contents. The use of these three words was fundamental. In fact the crux of the judgment was based on these words. The court held that the text, picture and drawings in the paper posted by the defendants were offensive and would ...
Civil liberties can be defined as rights guaranteed to the citizens or people who are residents of a nation or territory as a matter of fundamental law. They are different from human rights, which are accorded to all people irrespective of where they live (Walker, 2000). Civil liberties are rights for which a national government possesses a contractual obligation to protect. Civil liberties are backed by a bill of rights found in a country’s constitution. On the contrary, human rights are merely implied by one’s status as a person whether the government has made an agreement to safeguard them or not. The civil liberties ...
Overview of contraceptive use in America
Close to 60 million women in America are estimated to be at the appropriate age of childbearing. Majority of this group are sexually active but always in fear of becoming pregnant. In order to fulfill their desires, there must be use of contraceptives. Women are the majority consumers of contraceptives with close to 99% of women at reproductive age. It is estimated that 62% out of the 60 million women population between the ages of 15 and 44 (reproductive age) use contraceptives as a birth control method. It is also estimated that a third of the women population are not using ...
Following the rising immorality and indecency over the internet, a lot of questions arise on what bodies deemed with responsibility of overseeing communication, are doing to that effect. Bodies such as the Federal Communications Commission (FCC) of the United States is one the bodies whose responsibilities cover a wide range of the communication sector from radio and television broadcasting to the internet. Gaining its power and authority from the Congress, and seconded by the federal law, the FCC reviews whatever is being aired and decides on its validity to be broadcasted. The FCC has regulations ...
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The Role of Federal Agencies in Fighting Digital Crime 2
Abstract
The threats coming from the actions of digital criminals and terrorists produce a variety of challenges for federal agencies and all other law enforcement units which have the responsibility to protect private business, the individuals and governments from these threats.
The political leaders as well as the leaders of law enforcement agencies realize the necessity to be upgraded, to have new priorities, strategies and innovations to encounter the constantly growing threats of computer crime.
When internet became affordable and easy to access for ordinary people a new frontier was opened without any limits, bringing ...
Regulation Problems
The Berne Convention;
Since long ago Intellectuals believed that people should control their creations and inventions, since they are the creators of those properties. In the year 1787 America included her support for copyright in the constitution in, Article 1; Section 8, Clause 8” Which states that, “congress has the mandate to promote the science and useful arts by securing author’s and Inventor’s exclusive rights to their writings and discoveries for a limited period of time”( SPINELLO,2009,pg 31). By that time countries such as Germany, France and Britain had already began copyrighting properties for their ...