Term
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Definition
the First Amendment presents a complete barrier against government censorship of speech or press
-foundation of this theory is that the government should not censor the press for any reason
-few justices subscribe to this theory |
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Term
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Definition
when freedom of expression conflicts with other important rights it is up to the government to balance which right is more important in the case.
-allows justices to make decisions on a case-by-case basis, considering all of the information involved in that particular case |
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Term
| Preferred Position Balancing Theory |
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Definition
First Amendment freedoms are fundamental to a free society and entitled to more judicial protection than other constitutional values
-this is essentially Ad hoc theory with the First Amendment on top. |
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Term
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Definition
free expression is protected as a means to an end - self-governance
-free expression=democracy; without free expression there is no chance of a democracy |
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Term
| Marketplace of Ideas theory |
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Definition
all ideas and opinions must be expressed and weighted to have true enlightenment.
-this is the idea of putting the information out there and allowing each person to use their critical thinking skills to determine what opinions/information is correct for them. |
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Term
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Definition
true freedom belongs to those with the resources (usually monetary) to express themselves.
-the metaphorical marketplace of ideas is skewed to those who have the highest economic resources
-this could cause justices to rule in favor of those with the resources or against, depending on their worldview |
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Term
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Definition
| expression is valuable to a person, regardless of its effect on others |
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