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  1. #31
    Ghost Monkey Soul Vizconde's Avatar
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    Default The Chilling Effect

    As noted one of the concerns of censorship is the Chilling Effect. Often tyrants, toadies or bullies will use this to there advantage.

    (see Wikipedia on the Chilling Effect partial quote

    "A chilling effect is a term in law and communication which describes a situation where speech or conduct is suppressed by fear of penalization at the interests of an individual or group. It may prompt self-censorship and therefore hamper free speech. Since many attacks rely on libel law, the term libel chill is also often used.[citation needed] This is the same concept as a Strategic Lawsuit Against Public Participation, or "SLAPP" suit.

    Usage
    In United States and Canadian law, the term chilling effects refers to the stifling attribute that vague or overbroad laws may have on legitimate speech activity. Recognition of a law that may permit a loophole for such chilling effect as a vehicle for political libel or vexatious litigation provides a prompt to allow changes to such defamation laws, and therefore prevent the suppression of free speech and censorship.[citation needed]"

  2. #32
    Dreaming the life onemoretime's Avatar
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    Default

    Quote Originally Posted by spamtar View Post
    Naturally under the U.S. contitution child porn gets no protection as opposed to general non obscenity porn, also the U.S. Supreme Court has come up with some narrowly tailored exception to allow the legislation of free spech

    Miller test for obscenity (pretty difficult standard to meet)

    regulation of commercial speech such as advertising

    Other limitations on free speech often balance rights to free speech and other rights, such as property rights for authors and inventors (copyright)

    interests in "fair" political campaigns (Campaign finance laws)

    protection from imminent or potential violence against particular persons (restrictions on Hate speech or fighting words)

    or the use of untruths to harm others (slander)

    I find these if they are "narrowly tailored" to fit a "significant" interest (except commercial speech/adds etc. where a more generl intent standard is sufficient) is reasonable.
    To be more precise, you're describing the strict scrutiny standard of review, generally in regard to infringement of fundamental rights or actions toward a protected class (of which there are few), which requires:

    1. A substantial government interest
    2. Action to be narrowly tailored to meet this interest
    3. This action being the least restrictive means to meeting this interest

  3. #33
    Ghost Monkey Soul Vizconde's Avatar
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    Default

    Quote Originally Posted by onemoretime View Post
    To be more precise, you're describing the strict scrutiny standard of review, generally in regard to infringement of fundamental rights or actions toward a protected class (of which there are few), which requires:

    1. A substantial government interest
    2. Action to be narrowly tailored to meet this interest
    3. This action being the least restrictive means to meeting this interest
    +1 Thank you.
    Your point addresses/highlights that not all speech is equal. In fact as I recall some speech (dont quote me) is addressed as a "significant government interest" (i.e. political/religious speech) which is more stricter test than "lesser" forms of speech (i.e. commercial speech). Thus in this context typology speech would be higher in the balancing than say sports.


    This point addresses the heirachy. Not all speech is equal. The patterns of the courts weighing is similar to discrimination (i.e. racial discrimination vs. sexual discrimination)

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