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Go Go First Amendment!

[Archived in Entry, Video Software]

Go Go First Amendment! john on 2003/06/03:

  „It is true that obscenity is one of the few categories of speech historically unprotected by the first amendment. But we have previously observed that '[m]aterial that contains violence but not depictions or descriptions of sexual conduct cannot be obscene.' Video Software, 968 F.2d at 688. Simply put, depictions of violence cannot fall within the legal definition of obscenity for either minors or adults."“

http://www.scalzi.com/whatever/archives/ 000196.html - Cached

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Some slightly related:

*** FR WORLD EXCLUSIVE: Pat Matrisciana Judgment Overturned by 8th Circuit [Free Republic]

  „Filmmaker Pat Matrisciana of Citizens for Honest Government was vindicated this morning by the 8th Circuit Court of Appeals. A lower court had awarded two plaintiffs, police officers Jay Campbell and Kirk Lane, a judgment of $600,000 plus costs, interest and attorney fees. It would have cost Matrisciana over a million dollars.“
http://www.freerepublic.com/forum/ a3b4b390f3107.htm - Cached

SUPREME COURT DECISIONS

  „Decision: The court overturned the Ninth Circuit Court of Appeals ruling that supported an Arizona town's right to deny city equipment and other support services to a Christian group for a National Day of Prayer rally. The unsigned order stated that the city of Tucson was wrong to reject a request to provide free public services which are made available to other groups for events at a city park. Court remands case to the appeals court.“
http://fact.trib.com/1st.01.02supr.html - Cached

Alachua County Case

  „There was nothing in Amendment 1 that violated any federal or state statutes, so Amendment 1 must be constitutional. They further argued that homosexuals were protected under the states general protection laws and no special recognition of them as a class was necessary to prevent harmful discrimination and physical attacks. Ordinances passed by the Board of County Commissioners that were overturned by Amendment 1 had, in effect, given homosexuals special rights that were not accorded to other non-minority citizens.“
http://www.nlf.net/alachua.html - Cached

SMO: Legal Reporter 11/99

  „In a recent decision, the U.S. Court of Appeals for the Eighth Circuit held that an employee could recover $100,000 in punitive damages from her employer after her complaints of sexual harassment were ignored.“
http://www.securitymanagement.com/library/ 000751.html - Cached

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  „And the very "excesses" of modern advertising that might at first make it seem a likely candidate for heavy legal regulation are actually the attributes that most qualify it for the heightened constitutional protection we routinely grant other categories of speech. With the exception of obscenity, modern First Amendment doctrine does not require speech to demonstrate any redeeming social value as a predicate to its protection. Contrary to critical opinions, advertising really has very little impact on us.“
http://advertising.utexas.edu/research/biblio/ firstamend.html - Cached


Posted at July 03, 2003 03:51 PM | Comments (0) | TrackBack (0)

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