Question

Compare and contrast the civil liberty issues involved in the different types of speech such as obscenity, libel, symbolic speech, commercial speech, and speech over the public airways.

Answer 1

This answer compares and contrasts civil liberty issues involved in different types of speech, including obscenity, libel, symbolic speech, commercial speech, and speech over the public airways. It explains the specific restrictions that apply to each category and provides examples to illustrate the concepts discussed.

Step-by-step explanation:

When comparing and contrasting civil liberty issues involved in different types of speech, it is important to understand the specific restrictions that apply to each category.

1. Obscenity: Obscene speech, which is defined as material that appeals to prurient interest and lacks serious artistic, literary, political, or scientific value, is not protected by the First Amendment. An example of obscenity would be sexually explicit material that has no redeeming social value.
2. Libel: Libel refers to false written statements about a person that harms their reputation. It is not protected speech, and individuals who are the victims of libel may sue for damages. For instance, if someone publishes false information about a celebrity that damages their reputation, it could be considered libel.
3. Symbolic Speech: Symbolic speech involves expressing ideas through actions or symbols instead of words. The level of protection afforded to symbolic speech depends on the specific circumstances. While burning the American flag in protest has been protected as a form of symbolic speech, burning a cross on the lawn of an African American family's home to intimidate them has been deemed a genuine threat and not protected.
4. Commercial Speech: Commercial speech, which includes advertising and promotional messages, is subject to certain regulations to ensure accuracy and prevent misleading claims. While commercial speech still receives some protection under the First Amendment, it is not given the same degree of protection as other forms of speech.
5. Speech over the Public Airways: Speech broadcast over the public airways, such as radio and television, has traditionally been subject to more restrictions compared to other types of speech. The government can impose content-based limitations on speech over the airways and regulate indecency and obscenity to a greater extent.

Overall, while freedom of speech is a fundamental right, there are limitations and restrictions imposed on certain types of speech to protect individuals and society from harm or infringement on rights.