First amendment – tpl regulations (feb 2, 2011)

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  • 1. First Amendment – TPL regulations
    COMM 502, Feb. 2, 2011
  • 2. RECAP prior restraint
    • 7 theories of the First Amendment
    • 3. Incorporation doctrine
    • 4. Prior restraint
    • 5. “Clear and present danger” test
    • 6. “Imminent lawless action” test
    • 7. Near v. Minnesota
  • Recap (cont)
    • The Pentagon Papers case
    • 8. 4 key rules in ruling on prior restraint
    • 9. Other forms of censorship of the press during wartime
  • Wikileaks
  • 10. TIME, PLACE, MANNER REGULATIONS
  • 11. TPL RestrictionsCensorship of the time, place or manner of the communication
  • 12. 4 criteria for constitutionality
    The rule must be content-neutral
    The rule must not constitute a complete ban on communication
    Rules must be justified by a substantial state interest
    Rules must be narrowly tailored
  • 13. The extent of censorship also depends on the type of forum (public vs. private)
  • 14. There are no First Amendment guarantees of freedom of expression on private forums.
  • 15. review
    • TPL regulations
    • 16. Constitutionality of TPL restrictions
    • 17. Content-neutral rule
    • 18. Narrowly-tailored rule