It is reasonable to conclude, therefore, that Congress has enacted sufficient regulation on business communication. Given that businesses are comprised of individuals who are subject to First Amendment protection, for the government to treat business communication as distinct from personal communication, however noble the idea in spirit, creates a conflict that is not easily reconciled. If anything, reconciliation of this conflict will see a further reduction on the limits of corporate speech, which at present has more than enough regulation.
Sullivan (2010) notes that there are different views of the role of free speech in the Constitution. One view holds that free speech upholds political equality, the other that it upholds political liberty. The former view seeks for equality of speech outcomes, such that those with power should not suppress the speech of those without power. The latter view holds that all speech should be equal, and that the First Amendment does not allow for special regulation of speech just because the speaker has more wealth and power than his peers. The latter view is more consistent with the wording of the First Amendment, whereas the former relies on an interpretation of the spirit of the First Amendment. Introducing subjective interpretation to the First Amendment is not generally without the realm of reason -- I take the view that political liberty is the ultimate goal of the First Amendment.
A final First Amendment issue is with respect to music downloads. Some arguments contend that the chilling effect that liability penalties might have on protected speech (such as legal downloading) mean that such penalties violate the First Amendment (Snow, 2009). Seltzer (2010) argues that First Amendment protections that are part of fair use should supersede any subsequent acts, such as the Digital Millennium Copyright Act. This position is the most reasonable. The First Amendment has long been extended to include governmental action that would create such chilling effects, and with more than a decade of evidence before us it is clear that the DMCA does create significant...
Child Prostitution and the First Amendment It's been said that prostitution is the oldest profession. Long before people were selling iPads and iPods, Automobiles, books, and mass-produced food, and so on and so forth, they were selling sex. Now people weren't just selling their own bodies, they were subjugating others and selling their bodies as well. While most people would agree that this type of behavior is egregious, and has no
First Amendment including kind cases, examples, Supreme Court rule-Based 1st Amendment grounds? Analyze: a.The Sections 1st Amendment means. The First Amendment The First Amendment is both one of the most significant legislations in the U.S. And one of the most divisive texts in the Bill of Rights. The text was devised with the purpose of preventing Congress from having the authority to either prevent individuals from exercising their right to express
First Amendment In 1787 our forefathers ratified the constitution of the United States of America, which contains the most important document to any American citizen, the Bill of Rights (Magarian, 2012). The First Amendment to the United Sates Constitution is known to be part of the nation's Bill of Rights. The first amendment is maybe the most vital section of the United States Constitution for the reason that the amendment guarantees the people
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
First Amendment of the U.S. Constitution, the first of ten amendments in the so-named Bill of Rights, states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The two clauses in the sentence are called, respectively, the "Establishment Clause" and the "Freedom Clause." The Establishment Clause has been interpreted to mean that the government cannot establish a national religion. The Freedom Clause is
" Although the results then were not complementary to this clause of the First Amendment, the actions made then opened the floodgates for redresses of grievances against the United States government. The validity and effectiveness of the First Amendment as well as all other amendments of the United States Constitution can be determined through various tests in time. Fortunately, the First Amendment stood steadfast and changed various facets of American lives
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