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Flashcards in Speech and Media Deck (5)
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FCC v. Pacifica Foundation

RULE → gov’t may regulate speech over broadcast radio & TV BECAUSE broadcast radio & TV
(a) Comes into the home → so it triggers an individuals right to privacy in the home
(b) Is uniquely accessible to kids
(c) *Not mentioned in case* Public airwaves are a scarce resource, justifying more gov’t regulation


Fleeting expletives on broadcast radio & TV

Even fleeting expletives can, depending on the context, be actionable


Homeowner doing the censoring

Rowan v. US Post Office

Federal law (constitutional): Homeowner can go to Post Office say they’re receiving sexual materials and that they don’t want to receive any more material from the sender


Gov’t doing the censoring

Bolger v. Youngs Drug Products Corp

i. Federal law (unconstitutional): barred the mailing of unsolicited ads for contraceptive products


Indecent telephone communication

Sable Communications v. FCC

RULE → Indecent phone conversation is protected

Court held that law unconstitutional BECAUSE
(a) Court agrees that gov’t has compelling interest for protecting children BUT the law failed second prong of strict scrutiny → law could’ve been achieved through less restrictive means