In a democracy, it is used to measure the belief that the individual holds some sway over its elected officials.
Captive audience A person or group of people forced to hear a message. View captive audience cases. Chilling effect Chilling effect is the concept of deterring free speech and association rights protected by the First Amendment as a result of government laws or actions that appear to target expression.
It is closely related to the overbreadth doctrine, which prohibits the government from casting too wide a net when regulating activities related to speech and expression. Clear and convincing evidence A standard of proof meaning the fact-finder believes the allegations are substantially more likely than not to be true.
This requires more than a mere preponderance of the evidence, but less than proof beyond a reasonable doubt. This standard is frequently employed in equity actions that is, those seeking something other than money, such as child custody or injunctions against state action.
Commercial speech has a unique status in constitutional law. While not entirely unprotected, it explicitly enjoys less protection than other forms of speech. View commercial speech cases.
Compelled speech When governments require citizens to adopt or to indicate their adherence to an official point of view on particular political, philosophical, social, or other such subjects. While the government can often force citizens to conform their conduct to the requirements of the law, the realm of the mind, the spirit, and the heart is, in the United States, beyond the reach of official power.
The obligation to profess a governmental creed—political, religious, or ideological—invades a critical constitutional and human right: Compelling state interest A compelling state or governmental interest is an element of the strict scrutiny test by which courts exercise judicial review of legislative and executive branch enactments that affect constitutional rights, such as those found in the First Amendment.
An interest is compelling when it is essential or necessary rather than a matter of choice, preference, or discretion. Regulation vital to the protection of public health and safety, including the regulation of violent crime, the requirements of national security and military necessity, and respect for fundamental rights are examples of compelling governmental interests.
View conscientious objector cases. Constitutional To be consistent with the restrictions placed on government action by the federal or, depending on context, a state Constitution.
The First Amendment is part of the United States Constitution and is of equal force with all of its other provisions, so if a government action would be prohibited by the First Amendment, it is not constitutional.
Contempt [A] willful disregard or disobedience of public authority. Courts may punish one who disobeys the rules, orders, or process, or willfully offends against the dignity and good order of the court, by fine or imprisonment.
Similar authority is exercised by each house of the Congress of the United States, by state legislatures and in some instances by administrative agencies.
The contempt power is usually subject to judicial review. Content discrimination Discrimination based on the subject matter of the speech, whatever the point of view it takes on. Content neutrality The absence of discrimination based on the subject matter of the speech or the point of view expressed.
View content neutrality cases.
Counterspeech doctrine The counterspeech doctrine posits that the proper response to negative speech is to counter it with positive expression. It derives from the theory that audiences, or recipients of the expression, can weigh for themselves the values of competing ideas and, hopefully, follow the better approach.
The counterspeech doctrine is one of the most important free-expression principles in First Amendment jurisprudence. Brandeis established it in his classic concurring opinion in Whitney v. In addition to being false, the statement, to be defamatory, must identify its victim by naming or reasonably implicating the person allegedly defamed.
View defamatory expression cases and defamation and the press cases. At the federal level the Civil Rights Act of defines protected classes as including race, national origin, sex, and religion; the Americans with Disabilities Act of prohibits discrimination on the basis of disability.
Establishment Clause of the First Amendment Cantwell v. View Establishment Clause cases. Expressive association Expressive association is exemplified by groups organized around a shared set of beliefs—like religious groups, volunteer societies, political organizations, and so forth.
Courts have recognized that the First Amendment protects citizens who wish to join voices with those of like mind to amplify and espouse a common belief or message, so the right to expressive association has been afforded significant protection.
View freedom of association cases. Facial challenges A facial challenge contends that a government law, rule, regulation, or policy is unconstitutional as written — that is, on its face. This challenge differs from an as-applied challenge in that it invalidates a law for everyone — not just as that law is applied to the particular litigant challenging it.
The Fairness Doctrine is not currently in force and never applied to anyone except broadcast television FCC license holders.Films like The Bride of Frankenstein () entertained Americans by the thousands despite the hardships brought by the Great Depression. Popular culture saw new trends as well.
Despite the costs of an evening out, two out of every five Americans saw at least one movie per week. The non aligned movement has to play a new role in the changed new international political environment shaped by the end of the cold war and of nuclear arms race.
In fact NAM did.
Political Correctness Essay Examples. A Discussion of the Negative Aspects of Political Correctness. words. 1 page. An Introduction to the Political Correctness and Profanity in Daily Use.
The Negative Effects Political Correctness Has Brought upon the Equal Rights Movement. Rawlsian political liberalism, I argue, overly constrains the scope of democratic political contestation and especially for the kind of contestation channelled by parties.
This restriction imposed upon political contestation risks undermining democracy and the development of the kind of democratic ethos that political liberalism cherishes.
Russian ethnic press in the United States was examined to understand how political identity and loyalties are negotiated in conflictual situations. N and the resulting sentiment toward ethnic lobbying and ethnic groups by association has been a negative one was almost equal to the number of negative ones (%).
Table 1. Some Muslim countries, such as Morocco and Tunisia, have made significant progress in advancing women’s rights, while others, like Jordan, still lag. Such inconsistencies highlight a severe limitation in our understanding of the nature of how, when, and why women’s rights advance.