CHAPTER 13 QUESTIONS

1. To whom does the First Amendment apply? The federal government? The state governments? Private businesses? All of the above?
2. Describe Justice Black's absolutist view of the First Amendment.
3. What is the concept behind the "marketplace of ideas" ?
4. What are the pros and cons of the marketplace of ideas theory?
5. What is the difference between libel and slander?
6. Why do courts apply strict scrutiny to restrictions on political speech but not commercial speech?
7. How may government lawfully restrict expressive conduct?
8. What are the arguments for and against allowing prison inmates direct access to the Internet?
9. List the three ways the FCC may regulate broadcast speech.
10. List three types of unprotected speech.
11. List three concerns a lawyer might have before blogging.
12. Why would a milblogger be concerned about the UCMJ?

 

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