Question

Question 5 of 10

A cable TV station that is only available to subscribers who pay a fee
broadcasts a performance that some viewers consider obscene. What factor
would help a judge decide how to balance freedom of speech with the public
interest in this case?
A. The location where the performance was filmed
B. The fact that the TV station is owned by a wealthy corporation
C. The fact that the broadcast speech was only available to a limited
audience
D. The idea that the public interest is not affected by obscene
material

Answer 1

C: The fact that the broadcast speech was only available to a limited audience

Step-by-step explanation:

When weighing freedom of expression vs. the public interest, judges must consider how much the public is being impacted and to what extent, measured by the number of persons who are being negatively impacted, in order to override freedom of speech. The Constitution protects freedom of expression, and in some cases, that protection takes precedence over other rights. However, a court may feel that it is appropriate to curb or limit freedom of expression where the affectation is too broad or has the potential to harm other protected rights, based on how the effects impact persons and how many people are affected. Due to the restricted transmission in this instance and the principle that the damage is constrained by the simple fact that these viewers may opt not to watch or just stop paying their subscriptions, the freedom of speech prevails.