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First Amendment rights are not absolute, particularly in regards to advertising. For example, there has been a great deal of pressure to regulate advertising directed at children that promotes unhealthy junk food. "There is a legal test for judging whether commercial speech qualifies for protection under the First Amendment. Called the Central Hudson test, it says that such speech must be truthful and not 'actually or inherently misleading'" and it has been argued that much of commercial advertising targeting children takes advantage of a credulous consumer's inability to tell the difference between truth and fiction (Bittman, 2012, par.11). In this instance, however, the objections raised to our new advertising campaign are not targeted at children. Rather, the concern is merely that children may see inappropriate material, even if it is not intended that they purchase the product.In the past, the U.S. Supreme Court has allowed censorship of certain types of language with the explicit purposes of protecting children. In the Federal Communications Commission v. Pacifica Foundation, "deliberate and repetitive use of words referring to excretory or sexual activities during an afternoon broadcast could be heard by children" ("First Amendment and Censorship," 2017, par.15). But the proposed advertisement...
"FCC decisions also prohibit the broadcast of profane material between 6 a.m. and 10 p.m.," with profane material being defined as "language includes those words that are so highly offensive that their mere utterance in the context presented may, in legal terms, amount to a nuisance," including, for example, the f-word, which was uttered the famous George Carlin broadcast which brought about the Federal Communications Commission v. Pacifica Foundation ruling ("Obscenity, indecency, and profanity-FAQ," 2017, par.4).
Thus at minimum the advertisement should be permitted for late night advertising, not subject to a complete ban, since there is no evidence that the content meets the criteria for obscenity, which the Supreme Court intended to be used to restrict "hard-core pornography" and must be entirely…
First Amendment Applications Applications of the First Amendment The First Amendment to the U.S. Constitution protects the American people against laws made by Congress that would restrict the right to free speech or a free press, however, with the advancement of technology Americans have created new mediums of communication and the rights guaranteed in the Constitution have had to be applied to these new mediums. As a result, the Supreme Court has
Internet has grown exponentially since its first introduction to the public. The precursor to the Internet was the ARPANET. The Advanced Research Projects Agency (ARPA) of the Department of Defense (Carlitz and Zinga, 1997) and the National Science Foundation (NSF) were the primary creators of the ARPANET. Subsequently however, efforts from private entities and universities have helped develop the network infrastructure, as it exists today. "The goals of ARPA's
ACLU v Reno: A definitive victory for free speech The First Amendment in the United States of America's Constitution is perhaps the hallmark of what current President Bush refers to continually as our "freedom." It represents the fundamental difference between America and so many other countries that do not offer their citizens rights to freedom of speech, religion and the press. Specifically, the First Amendment of the United States Constitution guarantees the right
The majority opinion would be written by the historically conservative Justice Scalia. His response is characterized by Stout (2009), who reports that "in layman's terms, 'arbitrary and capricious' action by a lower court or an agency means the action was totally unreasonable and in disregard of the facts. Justice Scalia wrote that the F.C.C. has the power under law to turn to more aggressive enforcement, if it wishes, and that it need not present empirical evidence
Violence in Web-Based and Computer Games on Adolescents Playing video and computer games is a treasured leisure activity among many young people today, and these young players frequently prefer violent games. Studies suggest that exposure to media violence may adversely affect young people's attitudes and behavior. Further, self-concept is a key indicator of core attitudes and coping abilities, and, for adolescents, the evolution of the sense of self is a
Authors Donald Lively and Russell Weaver describe Hustler Magazine as Falwell's "antagonist (p. 79)," no doubt representing for Falwell abuses of our Constitutional freedoms. "In 1983, Hustler Magazine decided to parody Falwell using a Campari Liqueur advertisement. The actual Campari ads portrayed interviews with various celebrities about their 'first times.' Although the advertisement actually focused on the first time that the celebrities had sampled Campari, the ads portrayed the double