Question
1. Define and discuss the following terms: a. freedom of speech b. symbolic speech c. protected speech d. unprotected speech e. obscenity f. private speech
1. Define and discuss the following terms:
a. freedom of speech
b. symbolic speech
c. protected speech
d. unprotected speech
e. obscenity
f. private speech
g. commercial speech
2. Discuss the Constitutional guarantee for free speech, both for private speech and for commercial speech.
a. What is the difference between private speech and commercial speech? Which is more strictly protected?
3.
Bad Frog Brewery, Inc. v. New York State Liquor Authority,
a. List and discuss the 3 criteria that a governmental restriction on commercial speech must meet in order to
be considered valid under the United States Constitution.
b. Explain why the restriction on commercial speech in Bad Frog Brewery failed to meet these criteria.
c. What if Bad Frog had sought to use the offensive label to market toys instead of beer? Would the court's
ruling likely have been the same? Why, or why not?
4. Review the protections guaranteed by the First Amendment for private speech and commercial speech.
a. How do they apply to our every day lives? For example, can a public school require its students to wear
uniforms without violating their First Amendment rights? Can a government ban sexually explicit material
from the internet? Can a corporation contribute to a political campaign? Can advertisers call you at home
on your private telephone line during the dinner hour? Why and/or why not?
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