![]() ![]() However, defamation becomes more difficult to discern if the content was of public concern or the subject is a public figure.Ī public figure is, “at the very least to those among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of governmental affairs,” as written in Grossman v. ![]() In both cases, defamation is taking place, but there is a distinguishable difference between libel and slander. Libel is if a lie is written and slander is spoken. Legally, defamation is “the act of making untrue statements about another which damages his/her reputation.”įurther than this definition, there are two types of defamation: libel and slander. The Supreme Court ruled that Miller’s mailing was unconstitutional and then developed the Miller test to further assess obscene material. California (1973) after Marvin Miller mailed “adult” ads to “unwilling recipients,” according to Oyez. ![]() First, it must be determined if “the average person, applying contemporary community standards” could determine that, “taken as a whole,” the work “appeals to prurient interest.” Second, it must be determined that sexual conduct (defined by state law) is depicted or described in a “patently offensive way.” Thirdly, it must be determined if the work, “taken as a whole,” lacks “literary, artistic, political or scientific value.” If the Miller test cannot be passed, the speech is obscene and therefore illegal. Constitution, as written by the Supreme Court.Īccording to the Legal Information Institute, there is a three-part test to determine if something is obscene, called the Miller test. If the president-elect is confused as to what is and isn’t free speech, other American citizens probably are, too.ĭue to these two issues, the CT decided to outline the n ine categories of speech that are not protected under the U.S. Johnson (1989), with the court writing, “If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” The Supreme Court ruled on this during Texas v. 29, Donald Trump tweeted his sentiment toward flag burning, calling for those guilty to receive a “loss of citizenship or year in jail!” This prompted the CT to change its editorial policy (see bottom of page). As a result, the Central Times’ comments section was flooded with threats. ![]() That article, about a racially motivated altercation between two students, sparked outrage. However, per two recent events, it appears as though some Americans do not understand what is and what isn’t covered under the First Amendment.įirst, the CT ran a story titled “Freedom of Speech?” on in November. It ensures the freedom of religion, speech, press, assembly and petition to American citizens. This is the First Amendment of the United States Constitution. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof or abridging the freedom of speech, or of the press or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” ![]()
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