Television And Its Effect On Children Essay

Television And Its Effect On Children Essay

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First, this case requires an exception because broadcast radio is distinctively different than print media. “Broadcast media have established a uniquely pervasive presence in the lives of all Americans” (FCC v. Pacifica Foundation, 1978, p. 748). The radio does not allow for warnings due to the tuning in and out of listeners and it cannot effectively save unwilling participants from hearing the indecency in their own homes.
Secondly, radio is uniquely accessible to children and likely to be heard by children in the context of when the monologue was broadcast. There is no method to proactively prohibit children from hearing the message. Similarly, once they have heard the message there is no way to revoke the information from them.
Finally, the Court narrowly rules that the Federal Communications Commission has the right to regulate broadcast media for its content. However, the Court emphasizes that context is extremely important in examining similar cases. This case is exceptional because of the reasons noted above, of which not all broadcast media cases will be the same. Indecent speech, in this case, is not protected by the First Amendment, but it is possible that indecent speech would be protected under different circumstances.
Snyder v. Phelps
The Supreme Court held in Snyder v. Phelps that the picketing of military funerals by Westboro Baptists was protected by the First Amendment in this case (2011, p. 448). Phelps, along with other individuals from Westboro Baptist, protested the funeral of Snyder’s son, Marine Lance Corporal Matthew Snyder. The picketing was civilized and separate from the funeral, however the signs were directed, negatively, toward the United States military and its members.
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.... The city ordinance was ruled unconstitutional because it was not narrowly tailored and risked inhibiting protected speech. With the current ordinance, there is too much discretion in determining “biasmotivated hatred” and the intent of the petitioner (R.A.V. v. City of St. Paul, Minnesota, 1992, p. 392).
Lastly, this statute cannot be upheld due to both content and viewpoint discrimination violations. The state regulated the behavior of the petitioner based on the content of his expression (to whom the expression was directed) when there were viable content-neutral options available. The Court states that it is because of content-neutral requirements that certain exemptions to free speech can be made. Libel can be proscribed, but the state cannot deny only libel that is critical of the state (R.A.V. v. City of St. Paul, Minnesota, 1992, p. 385).

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